Legal
cadisAPP Terms and Conditions of Use
TERMS AND CONDITIONS OF USE
CADIS GmbH, Gutenbergstr. 5, 85716 Unterschleissheim, Germany (hereinafter referred to “CADIS”) offers, in connection with the use of its software by the same name, the use of its “cadisAPP“, as well as individualised versions of the cadisAPP under the names “IDS Driver” & “DB Schenker Fairs” (hereinafter referred to the “APP”) on the basis of the following terms of use to all commissioning freight forwarders, their affiliated companies and employees, as well as subcontractors working on their behalf (hereinafter referred to “cadisAPP End Users”), to enable them with the processing and documentation of transport operations.
Upon downloading, a contract for the use of the APP is concluded between CADIS and the cadisAPP end user. By downloading the APP and/or installing the APP, you agree as a cadisAPP end user to the validity of these Terms and Conditions of Use.
The use of the APP is exclusively reserved for cadisAPP end users and is only possible in connection with a valid authorisation (registration barcode or link), which cadisAPP end users get from their commissioning freight forwarder.
1 Subject of the contract
The subject of the contract is the right to use the APP for a limited period of time free of charge to cadisAPP end users who work on behalf of the commissioning freight forwarder, for the purpose of processing and documentation of transport processes.
An overview of the functionalities of the APP – including device requirements – can be found in the APP’s description in the Google Play Store.
2 Provision, installation and activation of the APP
The APP is made available to cadisAPP end users via download from the Google Play Store.
The installation of the APP is done by the cadisAPP end user.
A valid registration barcode or link from an instructing freight forwarder is required to activate the APP. Activation takes place by scanning the registration barcode with the device camera or by using the registration link.
Depending on the freight forwarder, cadisAPP end user may are required to log in with their user account assigned by the freight forwarder. When registering for the first time, the cadisAPP end user must also declare his or her agreement to these terms of use and the CADIS privacy policy.
3 Terms to use the APP
By downloading the APP, CADIS grants the cadisAPP end users the non-exclusive right to install the APP on a supported device and, after activation, to use it within the scope of these Terms and Conditions for a limited period of time for the respective contract term.
The usage right is limited to cadisAPP end users with a valid registration barcode or link. The APP may only be used by cadisAPP end users for the purposes of the instructing freight forwarder.
cadisAPP End Users are not permitted to sub-license or otherwise transfer (including renting, leasing, and lending) the APP, the registration barcode or the registration link to any third party.
cadisAPP end users are entitled to use the APP and its services in the manner intended. CADIS grants the cadisAPP end users a simple, non-exclusive right, unlimited by time and territory, to use the services provided by the APP to the extent necessary.
cadisAPP end users are not authorised to modify, reverse engineer, decompile, disassemble, or otherwise retrieve the source code of the APP or create variants of the APP. However, the provisions of Sections 69d, 69e German Copyright Act (UrhG) shall remain unaffected.
The above Terms and Conditions of Use also apply to all updates/upgrades and programme improvements for the APP that can be made available for download to cadisAPP end users of CADIS, unless they are the subject of a separate agreement.
The installation of the APP and its use will result in the transmission of data from and to the device of the cadisAPP end user. The amount and frequency of data transmissions depend on the used functions and usage patterns. The cadisAPP end user bears the connection costs incurred for the data transmission. Data transmission costs depend on the contract between the cadisAPP end user and the respective mobile phone provider.
All other rights are reserved by CADIS.
4 Contract period
The right to use the APP is limited to the validity period of the registration barcode or link. It begins with the successful registration of the APP and ends automatically with the expiry of the registration barcode or link without requiring an explicit termination or other declaration by the cadisAPP end user.
5 Warranty and liability
CADIS shall be liable without limitation in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the German Product Liability Act (ProdHaftG) and to the extent of any guarantee assumed by CADIS.
In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (a so-called “cardinal obligation”), the liability of CADIS is limited to the amount of the damage that is foreseeable and typical according to the type of business in question here.
CADIS shall have no further liability.
The above limitation of liability also applies to the personal liability of the employees, representatives, and bodies of CADIS.
The respective commissioning forwarder is responsible for the data and information provided after activation. CADIS has no influence on the content displayed after activation. CADIS is, therefore, not liable for outdated, incorrect, or incomplete content, or for damage caused by the use of content displayed after activation.
6 Support
cadisAPP end users have no right to require further development of the APP or the provision of support services such as updates or advice outside the warranty. Any support services provided by CADIS shall not cause the warranty period to recommence.
7 Data backup and data loss
CADIS does not guarantee permanent storage of the data transmitted to the device of the cadisAPP end user in the course of using the services. The cadisAPP end user shall ensure that all data within the cadisAPP end user’s sphere of influence are properly backed up. CADIS accepts no responsibility for any loss of data at CADIS, unless CADIS has caused such loss of data intentionally or through gross negligence.
8 Applicable law, place of jurisdiction
The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions of Use is Munich (Landgericht München I).
9 Final provisions
cadisAPP end users are not entitled to assign or transfer any obligations under these Terms and Conditions of Use in whole or in part to a third party without the prior written consent of CADIS.
Should individual provisions of these Terms and Conditions of Use be or become invalid, this shall not affect the validity of the remaining provisions
Updated on: October 2022
CADIS GmbH
Gutenbergstr. 5
85716 Unterschleissheim – Germany
Web: https://www.cadissoftware.com/
Email: [email protected]
