Terms of Use1

Terms of Use

1. Scope

1.1. The use of these web pages offered by SCAILE Technologies GmbH and/or its subsidiaries and sub-brands ("adtouro") is permitted solely under these terms and conditions. These general terms of use may be supplemented, modified, or replaced in individual cases by additional terms, e.g., for the acquisition of products and/or services. By logging in or, if a separate login is not required, by commencing use, the validity of these terms of use is accepted in their current version.

1.2. If the user acts as or on behalf of a business when using the adtouro website, i.e., in the course of a commercial or self-employed professional activity, or for a public corporation, § 312i paragraph 1 sentence 1 numbers 1 - 3 of the German Civil Code does not apply.

1.3. In the case of web offerings aimed at businesses or public corporations, the respective business or corporation is represented by the user and must attribute the user's actions and knowledge to itself.

2. Services

2.1. adtouro provides certain information and software, possibly with documentation, for retrieval or download on the adtouro website.

2.2. adtouro reserves the right to discontinue operation of the adtouro website in full or in part at any time. Due to the nature of the internet and computer systems, adtouro does not assume any liability for the uninterrupted availability of the adtouro website.

3. Registration, Password

3.1. Some pages of the adtouro website may be password-protected. Access to these pages is only possible for registered users in the interest of securing business transactions. There is no entitlement to registration by adtouro. adtouro in particular reserves the right to subject even previously freely accessible web pages to a registration obligation. adtouro is entitled to revoke access authorization by blocking access data without providing reasons, particularly if the user:

- has provided false information for registration,

- has violated these conditions or their duty of care regarding the handling of access data,

- has violated applicable law when accessing or using the adtouro website, or

- has not used the adtouro website for an extended period.

3.2. If registration is provided, the user is obliged to provide truthful information during registration and to notify adtouro immediately of any subsequent changes (as far as provided: online). The user will ensure that they receive the emails sent to the email address provided by them.

3.3. After successful registration, the user receives a username and a password (hereinafter also referred to as "user data"). Upon first access, the user should change the password provided by adtouro to one known only to them. The user data allows the user to view, modify their data or, if necessary, revoke or extend given consents to data processing.

3.4. The user ensures that user data is not made accessible to third parties and is liable for all orders and other activities carried out under their user data. The password-protected area must be left after each use. If the user becomes aware that third parties are misusing user data, they are obliged to inform adtouro immediately in writing, possibly in advance by simple email.

3.5. Upon receipt of the notification according to section 3.4, adtouro will block access to the password-protected area using these user data. Blocking can only be lifted after a separate application by the user to adtouro or after re-registration.

3.6. The user can demand the deletion of their registration at any time in writing, provided that the deletion is not prevented by the processing of current contractual relationships. In such cases, adtouro will delete all user data and all other stored personal data of the user as soon as they are no longer needed.

4. Usage Rights to Information, Software, and Documentation

4.1. The use of information, software, and documentation provided on the adtouro website is subject to these terms or, in case of updates to the information, software, or documentation, the previously agreed and pertinent license conditions with adtouro. Separate agreed licence terms, e.g., for software downloads, take precedence over these terms.

4.2. adtouro grants the user a non-exclusive and non-transferable right to use the information, software, and documentation provided on the adtouro website to the extent agreed or, if not agreed, to the extent corresponding to the purpose pursued by adtouro in providing and transferring the information.

4.3. Software is left free of charge in machine-readable form. There is no entitlement to the release of the source code. Exceptions are source codes of open-source software, whose licence terms, which have priority over these terms for the provision of open-source software, necessitate the release of the source code. In such cases, adtouro will provide the source code against reimbursement of costs.

4.4. Information, software, or documentation may not be distributed, rented, or otherwise provided to third parties at any time by the user. Unless compelling legal regulations permit otherwise, the user shall not modify, reverse engineer, or decompile the software or its documentation or extract parts thereof. The user may create a backup copy of the software if this copy is necessary for future use based on these terms.

4.5. The information, software, and documentation are protected by copyright laws and international copyright treaties, as well as by other laws and agreements on intellectual property. The user shall respect these rights, in particular, shall not remove alphanumeric identifiers, trademarks, and copyright notices neither from the information nor from the software nor from the documentation nor from copies thereof.

4.6. Sections 69a ff. of the German Copyright Act shall remain unaffected.

5. Intellectual Property

5.1. Notwithstanding the particular provisions in section 4 of these terms of use, information, brand names, and other content from the adtouro website may not be changed, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without the prior written consent of adtouro.

5.2. Outside the expressly granted rights of use or other rights, no further rights of any kind, particularly to the company name and industrial property rights, such as patents, utility models, or trademarks are granted to the user, nor is adtouro obligated to grant such rights.

5.3. As far as the user places ideas and suggestions on the adtouro websites, adtouro may use them for the development, improvement, and marketing of its services and products from its portfolio free of charge.

6. User Obligations

6.1. The user shall not:

- behave in a manner that violates public morals when using the adtouro website;

- violate industrial property and copyrights or other proprietary rights;

- transmit content with viruses, so-called Trojan horses or other programming that can damage software;

- enter, store, or send hyperlinks or content to which they are not entitled, in particular if these hyperlinks or content violate confidentiality obligations or are illegal; or

- distribute advertisements or unsolicited emails (so-called "spam") or inaccurate warnings of viruses, malfunctions, or similar or invite participation in lotteries, pyramid schemes, chain letters, or similar campaigns.

6.2. adtouro may block access to the adtouro website at any time, particularly if the user violates their obligations under these terms.

7. Hyperlinks

The adtouro website may contain hyperlinks to third-party websites. adtouro is neither responsible for the content of these websites nor does adtouro take ownership of these websites and their content, as adtouro does not control the linked information and is not responsible for the content and information provided there. The use of such websites is at the user's own risk.

8. Liability for Defects in Material and Title

8.1. If information, software, or documentation is provided free of charge, liability for defects in material and title of the information, software, and documentation, particularly for their accuracy, absence of errors, absence of third-party protection or copyright rights, completeness, and/or usability is excluded, except in cases of willful misconduct or fraud.

8.2. The information on the adtouro website may contain specifications or general descriptions of the technical possibilities of products, which in certain cases (e.g., due to product changes) may not always be available. The desired performance features of the products must therefore be agreed upon individually at the time of purchase.

9. Other Liability, Viruses

9.1. The liability of adtouro for defects in material and title is determined by the provisions in section 8 of these terms of use. Otherwise, any liability of adtouro is excluded unless, for example, liability is mandatory under the Product Liability Act, due to willful intent, gross negligence, injury to life, body, or health, the assumption of a warranty for a condition, fraudulent concealment of a defect, or violation of essential contractual obligations. However, compensation for damages due to violation of essential contractual obligations is limited to the typical, foreseeable damage unless willful intent or gross negligence is present.

9.2. Although adtouro strives to keep the adtouro website free from viruses, adtouro does not guarantee a virus-free environment. Before downloading information, software, and documentation, the user shall ensure appropriate security measures and virus scanners for their own protection and to prevent viruses on the adtouro website.

9.3. The preceding regulations in sections 9.1 and 9.2 do not imply a change in the burden of proof to the detriment of the user.

10. Compliance with Export Control Regulations

10.1. The user must comply with the respective applicable regulations of national and international (re-) export control law when passing on information, software, and documentation provided by adtouro to third parties. In any case, they must observe the (re-) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America when passing on such information.

10.2. The user will, before passing on such information, check and ensure by appropriate measures that

- they do not violate an embargo imposed by the European Union, the United States of America, and/or the United Nations by providing such information to third parties or by providing other economic resources related to the information, software, and documentation provided by adtouro - this includes considering any restrictions on domestic transactions and any bypass prohibitions;

- such information, software, and documentation provided by adtouro is not intended for prohibited or license-dependent activities related to armaments, nuclear, or weapon technology, unless any necessary permissions are available;

- the provisions of all relevant sanctions lists of the European Union and the United States of America, concerning business transactions with listed companies, persons, or organizations, are complied with.

10.3. If required for the execution of export control checks by authorities or adtouro, the user will, upon request, promptly provide adtouro with all information about the end recipient, the end location, and the purpose of the information, software, and documentation provided by adtouro as well as applicable export control restrictions in this regard.

10.4. The user indemnifies adtouro in full against all claims by authorities or other third parties against adtouro due to the user's non-compliance with export control obligations and undertakes to compensate adtouro for all damages and expenses arising from this connection unless the user is not responsible for the breach of duty. This does not include a reversal of the burden of proof here.

10.5. The fulfilment of the contract by adtouro is subject to the condition that there are no obstacles to fulfilment due to national or international foreign trade regulations, including any embargoes and/or other sanctions.

11. Additional Agreements, Jurisdiction, Applicable Law

11.1. Additional agreements must be in writing.

11.2. If the user is a merchant as defined by the German Commercial Code, the place of jurisdiction is Munich.

11.3. The individual pages of the adtouro website are operated and managed by SCAILE Technologies GmbH and/or its subsidiaries. The pages consider the requirements of the specific country in which the responsible company is located. adtouro assumes no responsibility that information, software, and/or documentation from the adtouro website may also be accessed or downloaded outside that country. If users access the adtouro website from locations outside the relevant country, they are solely responsible for compliance with the applicable provisions of the respective national law. Access to information, software, and/or documentation on the adtouro website from countries where such access is illegal is prohibited. In such cases, and if the user wishes to enter into business relations with adtouro, the user should contact the adtouro representatives in their respective country.

11.4. German law applies under the exclusion of the UN Sales Convention.