The autoaid GmbH, Helmholtzstr. 2-9, 10587 Berlin, (hereinafter called "autoaid") has developed an automotive diagnostic system to analyze faults, read measurements, perform maintenance works and suggest solutions.
The following terms and conditions (hereinafter "Terms and Conditions") govern the license of the diagnostic software autoaid Internet Diagnostics+ required for the use of this diagnostic system and the use of the diagnostics server.
1. Applicability1.1 These Terms and Conditions shall apply exclusively to the free-of-charge, fixed-term license of the diagnostic software autoaid Internet Diagnostics+, including contingent test versions and the non-gratuitous, fixed-term use of the diagnostic server.
2. Subject of the Contract2.1 Subject of the Contract
2.1.1 Subject of the contract is the free-of-charge, fixed-term license of the diagnostic software autoaid Internet diagnostics+ and the non-gratuitous grant of rights to use the diagnostic server over the Internet (hereinafter referred to as "diagnostic system" together). The right to use the diagnostic server is usually limited to the period agreed on in the contract, unless the unlimited use of the diagnostic server is explicitly granted in the contract.
2.1.2 The customer can download and install the diagnostic software autoaid Internet Diagnostics+ from the website www.shop.autoaid.de. The license and granting of rights of use is free of charge and is limited to the duration of the contract.
2.1.3 The use of the diagnostic server is also limited to the duration of this contract, unless autoaid grants the user the right to unlimited use of the diagnostic server in the contract. The use of the diagnostic server occurs against the payment of a fee, which is determined according to the chosen rate. autoaid can grant the opportunity to test the diagnostic server along with the diagnostic software autoaid Internet Diagnostics+ for four (4) weeks to the customer for free.2.2 Functionality of the diagnostic system
2.2.1 The diagnostic software autoaid Internet Diagnostics+ is a web based automotive diagnostic software that must be installed on the terminal device of the customer (PC, laptop or tablet), which along with the appropriate hardware of the autoaid Internet Diagnostics+ enables the customer to carry out diagnosis for EOBD-compatible motor vehicles. For this, the customer must connect his terminal device using the vehicle interface. Its purchase conforms exclusively with the „terms and conditions of the autoaid GmbH for the purchase of hardware" with the standard EOBD-interface of the motor vehicle.
2.2.2 The diagnostic system supports reading of fault codes for a variety of vehicle manufacturers, vehicle models and electronic control units, turns these into plain text and can optionally show the suggested solutions regarding the fault codes arranged in proper order according to likelihood. Additionally, autoaid Internet Diagnostics+ supports other diagnostic functions such as deleting fault codes, displaying sensor readings, actuator tests, service reset, adjustments and encodings. autoaid strives to show the appropriate suggested solutions regarding the fault codes via the diagnostic system. The customer acknowledges that he cannot reliably assume that the shown data or suggested solutions are correct and complete. Rather, the diagnostic system is only an aid for the customer to find the cause of the fault. The diagnostic system is an adaptive software. Customers can help, through their feedback, to improve the diagnostic system and the resulting suggestions for solutions.
2.2.3 The diagnostic system does not cover all vehicle models and variants available on the market. autoaid strives to gradually increase the vehicle coverage. Customers can look up which vehicle models are already covered on the website www.shop.autoaid.de. The customer acknowledges, therefore, that the diagnosis does not work for every vehicle.2.3 Availability of the diagnostic system
2.3.1 The diagnostics server is available on business days -with the exception of national German holidays- from 9:00 o'clock to 18:00 o'clock ("System run-time"). autoaid ensures 96% availability of the diagnostic server on annual average (hereinafter "SLA") during the system run-time. Beyond the system run-time, the diagnostic server can be available with delays and failures. The provision of the diagnostic server beyond the system run-time is not subject of the contract. If maintenance works are required and therefore the diagnostic server is not available during the system run-time, autoaid will inform the customer about this in due time whenever possible. Failures of the diagnostic server due to maintenance works will not be counted in the SLAs. autoaid is not responsible for downtimes due to problems caused by internet-/network and especially not for downtimes in which the diagnostic system cannot be reached over the internet due to technical or other problems, which are not within the sphere of influence of autoaid (e.g. force majeure or act of God, third party faults, etc.).2.4 Prerequisites for the use of the diagnostic system
2.4.1 A PC, laptop or tablet is required to use the diagnostic system. This terminal device must meet the minimum system requirements specified on the website www.shop.autoaid.de, so that the diagnostic system can be used.
2.4.2 For a diagnosis with autoaid Internet Diagnostics+, it is further required that the customer has loaded the software autoaid internet diagnostics+ on his terminal device, has internet access with at least ADSL 6000/UMTS and has also connected the autoaid interface with his terminal device.
2.4.3 The use of the diagnostic system presupposes the existence of the appropriate hardware. autoaid provides the customer with the necessary hardware, such as the interface against charge, available for purchase on its website www.shop.autoaid.de. autoaid Internet Diagnostics+ and the autoaid diagnostic system will only work in combination with the appropriate hardware. The purchase of the hardware conforms to the separate "Terms and conditions of the autoaid GmbH for the purchase of hardware."2.5 Further development and updates
2.5.1 autoaid strives to further develop and improve the diagnostic system on a regular basis. Improvements and further developments of the diagnostic system, however, take place on a voluntary basis and are not integral part of this contract.
2.5.2 The customer acknowledges that the installation of all updates is a prerequisite for a ( as much as possible) trouble-free use of the autoaid services.2.6 Gratuitous additional services autoaid offers additional free-of-charge functions on the diagnostic server at its discretion. A claim for these services does not exist. autoaid may terminate such additional services at any time and offer new service even temporarily.
3. Granting of rights3.1 Granting of rights for the diagnostic software autoaid Internet Diagnostics+ and the use of the diagnostic server
3.1.1 By entering into this contract, autoaid grants the non-exclusive, non-sub-licensable and non-transferable right to the customer, which is limited to the duration of this contract for the full version of the autoaid Internet Diagnostics+ and limited to a period of four (4) weeks for the trial version, to use autoaid Internet Diagnostics+ via a personal autoaid Internet Diagnostics+ user account (hereinafter called "user account") in accordance with this contract and the following provisions for fault diagnosis in conjunction with the diagnostic server:
3.1.2 The customer may use autoaid Internet Diagnostics+ and the diagnostic server solely for diagnosis of faults in automobiles. The customer may not integrate autoaid Internet Diagnostics+ into his own software neither in whole nor in part on temporary or permanent basis.
3.1.3 Duplication by the customer of autoaid Internet Diagnostics+ is permitted only to the extent that is necessary for the use of autoaid Internet Diagnostics+ in accordance with the contract. Necessary reproduction includes the according installation of autoaid Internet Diagnostics+ on the bulk memory of the used hardware as well as the loading of autoaid Internet Diagnostics+ into the working memory. In addition, the customer may make a reproduction for backup purposes in an amount that is absolutely necessary. The backup copies may only be used for archival purposes. The customer may not produce further reproductions, which also include the output of the program code on a printer, or making copies of the user description or its essential parts.
3.1.4 A change of autoaid Internet Diagnostics+ by the customer is not permitted.
3.1.5 The decompilation of the licensed program code into other code forms (decompilation) as well as other types of reverse engineering of the different manufacturing stages of autoaid Internet Diagnostics+ (reverse engineering) are only permitted, as long as they are carried out to obtain the necessary information to achieve the interoperability of an independently created computer program and this information cannot be obtained otherwise. The customer must first request the necessary information from autoaid.
3.1.6 The customer is not entitled, without the explicitly written permission from autoaid, to allow a third party to use autoaid Internet Diagnostics+ including the user description. The customer in particular may not sell, entrust on fixed-term, rent or lend autoaid Internet Diagnostics+ to any third party. Before destruction, sale or other transfer of machine readable data carriers, data storage or data processing devices, the customer will delete the stored diagnostic software autoaid Internet Diagnostics+ completely and permanently. Surrendering the software autoaid Internet Diagnostics+ to any third party, who is not granted any independent right of use and who must bow to the will of the customer with regard to the manner of use, is permitted. This is usually the case particularly with employees of the customers.
3.1.7 The customer is not entitled in any case to remove, modify or obscure copyright notices, serial numbers or other program identification features. The same applies to a suppression of the display of corresponding notices and features on the monitor.3.2 Granting of rights of the customer
3.2.1 The customer grants autoaid an exclusive, perpetual, transferable and sub-licensable right that is unlimited with regard to space and content to use, edit, make publicly available and utilise the results of the customer's diagnoses with autoaid Internet Diagnostics+ and the customer's feedback for the improvement of autoaid Internet Diagnostics+ and other products and services of autoaid.
3.2.2 Furthermore, the customer grants autoaid the non-exclusive (simple), transferable and sub-licensable right, that is unlimited with regard to space and content, to utilize and to make user-generated contents available in terms of paragraph 4.5 publicly.
4. Customer obligations
4.1 provided that autoaid provides updates for autoaid Internet Diagnostics+, the customer is obligated to promptly install these. Without the installation of these updates, a fault diagnosis in accordance with the contract cannot be guaranteed.
4.2 Prior to the first use, autoaid Internet Diagnostics+ must be unlocked via the user account by entering a valid customer number and a valid password. autoaid provides both to the customer after the order. The customer may use the software exclusively via this user account.
4.3 The customer is responsible for maintaining the confidentiality of the account number and the password. He will keep his access account number and password confidential, will not pass it on to anyone, will not tolerate or allow any acknowledgement by third party and will take the necessary measures to ensure confidentiality and will inform autoaid by e-mail at the e-mail address firstname.lastname@example.org in case of misuse or loss of this information or any suspicion of compromise.
4.4 The customer is obliged to use the diagnostic system in accordance with the user documentation. autoaid is not liable for improper use of the diagnostic system, such as an incorrect vehicle selection.4.5 User-generated contents
4.5.1 The customer is obligated to comply with all applicable laws and other regulations of the Federal Republic of Germany with regard to all contents set by him. The customer may not, in particular, adjust and/or distribute any data or content, such as text, images, graphics and links that violate the statutory provisions, violate the foreign proprietary rights or copyrights or other rights of third parties. The customer is responsible for the own data and content provided. autoaid will not check the contents - neither for correctness, truthfulness, legitimacy nor check if they are free of viruses or their workability regarding virus technology.
4.5.2 The customer may only provide contents if he is entitled to do so, that is, the customer is the owner of the rights (in particular copyright) to the corresponding contents, or the rights holder has permitted the use to the customer.4.6 Indemnification
4.6.1 The customer shall indemnify autoaid from all claims, including claims for damages asserted against autoaid by other customers or other third parties, including public authorities, because of an infringement of their rights by the contents provided by the customer via autoaid Internet Diagnostics+. The customer shall also indemnify autoaid from all claims, including claims for damages asserted against autoaid by other customers or other third parties, including public authorities, due to infringement of their rights by the use of autoaid Internet Diagnostics+ by the customer. The customer assumes all reasonable costs, including appropriate costs arising for legal defence, that arise for autoaid due to a violation of rights of third parties by the customer. All further rights and claims for damages by autoaid remain unaffected. The customer has the right to prove that lower costs actually incurred for autoaid.
4.6.2 The aforementioned obligations shall only apply if the customer is responsible for the legal infringement, that is, he has knowingly or wilfully disregarded the necessary care.
4.7 Upon termination of this contractual relationship, the customer is obligated to completely and definitively delete or destroy all copies of autoaid Internet Diagnostics+ and the user documentation (including print-outs) and parts thereof present on any systems or any media of the customer.
4.8 The customer will hereby explicitly indicate that after termination of the contractual relationship, he may not use autoaid Internet Diagnostics+ anymore and in case of non-compliance, will violate the copyrights and rights of use of autoaid.
5.1.1 The liability of autoaid is limited to intent and to gross negligence or lack of a guaranteed feature during the four-week trial period. In case of intent, autoaid is liable in full; in case of gross negligence and lack of a guaranteed feature, liability is limited to the amount of the typical and foreseeable damage. Any further liability is excluded.
5.1.2 The liability under the Product Liability Law remains unaffected.5.2 Full version
188.8.131.52 For the diagnostic software autoaid Internet Diagnostics+, the liability of autoaid is limited to intent and to gross negligence or lack of a guaranteed feature. In case of intent, autoaid is liable in full; in case of gross negligence and lack of a guaranteed feature, liability is limited to the amount of the typical and foreseeable damage. Any further liability is excluded.
184.108.40.206 The liability under the Product Liability Law remains unaffected.
5.2.2 Diagnostics server
220.127.116.11 When using the diagnostic server, the customer's claims for damages are excluded. This does not include claims for damages of the customer arising from injury to life, body or health, or due to the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages based on an intentional or grossly negligent breach of obligation by autoaid, its legal representatives or vicarious agents. Cardinal obligations in terms of these Terms and Conditions are those obligations that only enable the proper execution of the contract and the achievement of its purpose and upon its compliance the customer therefore may regularly rely.
18.104.22.168 In case of breach of essential contractual obligations, autoaid is only liable for the foreseeable damages typical for the contract, if it was caused by simple negligence, unless it is a matter of damage claims of the customer resulting from injury to life, body or health.
22.214.171.124 Claims under the Product Liability Act shall remain unaffected.
126.96.36.199 A further liability of autoaid does not exist.
188.8.131.52 autoaid is not liable for the accuracy, quality or completeness of the test results published by and solutions proposed by autoaid Internet Diagnostics+.
184.108.40.206 The limitations of paragraph 220.127.116.11 and 18.104.22.168 shall also apply in favour of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
22.214.171.124 With regards to entrepreneurs, claims due to a liability for damages that are not based on the injury to life, body or health, for which slight negligence is not excluded, the statute of limitations will elapse within one year beginning with the emergence of the claim.
6. Fees and billing for the use of the diagnostic server
6.1 The fees and billing for the use of the diagnostic server conform to the following regulations. The use of the diagnostic software autoaid Internet Diagnostics+ as full and trial versions occurs free-of-charge. The fees for the use of the diagnostic server is measured according to the respective rates (more information at http://shop.autoaid.de/produkte/Diagnosegeraete/), which the customer has selected at the completion of the contract.6.2 Fees in the pay-per-use rate
6.2.1 The fees for diagnosis in the pay-per-use for automobiles are determined according to the applicable rates, which the customers can view at shop.autoaid.de.
6.2.2 A fee is charged per diagnosis and vehicle. autoaid Internet Diagnostics+ recognises the same vehicle again on the basis of the read vehicle identification number (VIN) or other unique features. The paid fee entitles the customer to repeat the diagnosis on the same vehicle as often as he can within 72 hours at no additional costs. After that, the customer must pay the fee again for a diagnosis. During the diagnosis, the accrued fees will be deducted from the user account.
6.2.3 The customer can purchase the diagnostic credit at shop.autoaid.de. The credit is then credited to his or her user account.6.3 Fees in the prepaid system
6.3.1 The purchase of the prepaid system entitles the customer to unlimited use of the diagnostic server, including all diagnoses within the period granted in the contract.6.4 Flat rate fees
6.4.1 The monthly flat rate fee entitles the customer to unlimited use of the diagnostic server, including all diagnoses, within the respective month.
6.4.2 The monthly fee is due at the beginning, no later than the third working day of the respective month. The fee is collected monthly by direct debit from the bank account of the customer.6.5 Refund and billing errors
6.5.1 The customer can request the refund of unused prepaid credit in the user account. autoaid will refund the customer the pre-paid credit upon request, if the termination of the user account (s) for the autoaid software is announced according to the present conditions or if autoaid terminates the present conditions without significant reason.
6.5.2 Refund payments will be made in the same manner as the original payments.
6.5.3 These regulations for refund do not affect the statutory rights of the customer.
6.5.4 If faulty billings are suspected, the customer is obligated to consult autoaid within 90 days after billing. Fees that were charged more than 90 days ago are not refundable.6.6 All mentioned remunerations and prices include the statutory VAT/sales taxes. The customer may only offset undisputed or legally established claims or assert a right of retention. The customer can assign claims under this contract to third parties only with the written consent of autoaid.
7.1 During a late payment of the customer, autoaid is entitled to deny access to the diagnostic server. The customer is still obligated to pay the monthly fees in this case. The barring is only cancelled if the customer makes up for the late payment.
7.2 The rights to assert further claims due to late payment are reserved by autoaid.
8. Contract Period and Termination
8.1.1 Customers can terminate their pay-per-use contract with autoaid at any time by requesting closure of their user account or terminate the contract with autoaid in writing or by e-mail.
8.1.2 autoaid can terminate the contract at any time with a notice period of 14 days at the end of the month in writing or by e-mail.8.2 Flat-rate contract
8.2.1 The flat-rate contract is concluded for a term of 24 months. The contract extends respectively by another 24 months, unless it is terminated with a notice period of three months to the respective end of the contract by a contractual party in writing.8.3 Prepaid Contract
8.3.1 Customers may terminate their prepaid contract with autoaid at any time in writing or by e-mail.
8.3.2 autoaid may terminate the user contract by written notice if the licensee has violated the license agreement and the breach of contract is not eliminated within one month after the written notice explaining the breach of contract.8.4 Consequences of termination
8.4.1 Through termination the customer loses all licenses and permissions to use the software of autoaid, effective immediately. The customer is obligated to suspend all use of the software with immediate effect and instantly remove the software from all hard drives, networks and other storage media and destroy all copies of the software that are owned by or are under the control of the customer. Contents that the customer had provided in the diagnostic system before his termination may remain as part of the offer of autoaid on the diagnostic server at the discretion of autoaid.
9. Right of revocation
9.1 As consumer, the following right of revocation is entitled to you:Instruction to revoke
Consumers can revoke their contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail). The time limit begins after receipt of this instruction in text form, however not before conclusion of the contract and also not before fulfilment of our information obligation as per article 246 § 2 in connection with § 1 paragraph 1 and 2 of EGBGB and also not before fulfilment of our obligations as per § 312g paragraph 1 sentence 1 of the German Civil Code in conjunction with article 246 § 3 of the EGBGB. For maintaining the withdrawal period, the timely dispatch of revocation is sufficient. The revocation is to be sent to:
Consequences of withdrawal:
In case of an effective revocation, the mutually received services are to be returned and any drawn benefits (e.g. interest), if applicable, are to be surrendered. If you cannot return or surrender the received services and benefits (e.g. benefits of use) or cannot return or surrender in part, or only restitute or surrender in a deteriorated condition to us, you must pay compensation for the value. This can mean that you have to compulsorily fulfil the contractual payment obligations for the period until the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your contract termination, for us when we receive the termination.
Your right of revocation expires prematurely, if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of revocation.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies.
10.3 If any provision of this Terms and Conditions is or becomes invalid and/or contradictory to the statutory regulations, the validity of the remaining Terms and Conditions shall not be affected. The ineffective provision shall be replaced by the contractual parties by mutual agreement with such a provision that most closely reflects the economic purpose of the invalid provision in a legally effective manner. The above provision applies accordingly in case of gaps in the regulation.
10.3.1 autoaid reserves the right to change these Terms and Conditions, in particular the paragraphs 1, 3, 4 and 6 as well as the scope of performance and service. The respective current version of the Terms and Conditions can be accessed here at www.shop.autoaid.de/produkte/Terms and Conditions. The customer is informed of changes by e-mail at least one month before the planned introduction of the new version of the Terms and Conditions. If the customer objects to the validity of the new Terms and Conditions within six (6) weeks after coming into effect, the new Terms and Conditions shall be deemed accepted. autoaid will inform the customer of the importance of the 6-week period and the right to appeal and the legal consequences of silence in an appropriate form.