1.1  These Terms of Use govern exclusively the terms and conditions for the use of the software application “Field Assistant” provided by LEDVANCE GmbH, Parkring 1-5, 85748 Garching (hereinafter "LEDVANCE") to you. The Field Assistant app enables quick and easy adjustment of basic parameters for LEDVANCE LED drivers and is available via app stores free of charge (hereinafter “App”).

1.2  The App is provided exclusively to professional end-users such as electrical installers, lighting designers, architects, facility managers, and so on, who have the technical and professional qualifications to safely install and configure LEDVANCE LED drivers via the App (see sec. 3 below).

1.3  The operator of a platform for mobile apps (hereinafter "App Store"), such as Google Play or the App Store of Apple Inc., which enable you to download and use the App, is not a party to these Terms of Use.

1.4  The provision of the App may still be subject to compliance with separate terms and conditions of the respective App Store. The App Store is not responsible or liable for the App.

1.5  You can view the text of these Terms of Use in the App and save it.

2.1  The publication of the App in the App Store constitutes an offer by LEDVANCE to conclude these Terms of Use with you as a professional user or the legal person represented by you (hereinafter referred to as “User”, “You”, “Your”).

2.2  By downloading the App to your mobile device or using the App, You acknowledge that You are full-aged, have fully read and understood these Terms of Use, and You accept and agree to be bound by all the provisions of these Terms of Use without limitation, including any changes that may be in effect during and after your use of the App. By accepting these Terms of Use a binding usage agreement between You and LEDVANCE shall be constituted.

2.3  You confirm that You (or the legal entity You represent, if any) are an entrepreneur, i.e., that You act in the exercise of Your commercial or self-employed professional activity in the sense of § 14 German Civil Code. If you do not qualify as a professional end-user in the sense as described here, You are not permitted to use the App.

2.4  If You agree to these Terms of Use on behalf of a legal entity, such as the company for which You work, You represent and warrant that You are acting on behalf of and have the authority to make and receive legally binding declarations on behalf of the company.

2.5  You acknowledge having read and understood these Terms of Use in their entirety, and You accept and agree to be bound by all the provisions of these Terms of Use, without limitation.
 

3.1  The App is compatible with Ledvance drivers labeled with NFC and shall only be used to configurate LEDVANCE drivers.

3.2  Your rights and remedies, including any warranty rights, with respect to LEDVANCE drivers are exclusively governed by the applicable terms and conditions under which you have purchased or will purchase the respective device. 
 

4.1  The use of the App does not require Your registration.

4.2  The app offers you an intuitive and quick way to easily adjust basic parameters for LEDVANCE LED drivers. The results of your configuration are stored directly in the device, not in the app.

4.3  The App uses Near Field Communication (NFC) Technology to establish a connection to any LEDVANCE NFC LED driver.

4.4  For the proper use of the App, it is necessary that the mobile device You use complies with the applicable technical requirements of the App, and that a compatible version of the supported operating systems is installed. The system requirements are displayed in the respective App store. Please note that the contractual terms of Your mobile service provider may impose fees, limits and/or restrictions that may affect Your use of the App. For example, your mobile service provider may charge data usage fees for Your use of the App, including, without limitation, for downloading the App or otherwise using Your mobile device while using the App. You agree to be solely responsible for all such fees, limitations, and restrictions.

4.5  LEDVANCE makes reasonable efforts to ensure the trouble-free use of all functionalities. However, technical difficulties may occur, which may lead to a temporary interruption of availability and to data loss. FOR THIS REASON, LEDVANCE PRODUCTS ARE NOT RECOMMENDED FOR ANY SECURITY APPLICATION AND/OR ANY COMMERCIAL APPLICATION THAT REQUIRES 100% AVAILABILITY OR RESILENCE. YOU CANNOT DERIVE ANY CLAIMS AGAINST LEDVANCE FROM AN INTERRUPTION OF AVAILABILITY.
 

5.1  The App (including any bug fixes, patches, enhancements, improvements, updates) is licensed and not sold to You. The App is provided to You free of charge.

5.2  Subject to Your full compliance with these Terms of Use and in accordance with applicable law, LEDVANCE grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use the App via Your mobile device in accordance with these Terms of Use.

5.3  Except as permitted by mandatory law, You may not copy, edit, revise, modify, decompile, reverse engineer, disassemble or decrypt the App.

5.4  The rights of use are granted to You for the term of this user agreement.

6.1  You must not, and must not permit others to
 
i.                use the App to transmit content that contains viruses, so-called Trojan horses or other programs that can damage software,
ii.               violate any industrial property rights, copyrights, personal, property and other rights of third parties by using the App,
iii.              violate any policies, laws or regulations to which Your use is subject to, by using the App,
iv.             remove, alter, or obscure any proprietary marks of LEDVANCE or its licensors while using the App,
v.              remove, disable, or circumvent any copy protection, rights management or security features;
vi.             using the App for illegal purposes.

6.2  LEDVANCE is entitled to suspend or terminate Your right of use of the App without prior notice, if LEDVANCE has reasonable grounds to suspect that You have not complied or will not comply with any of the provisions of these Terms of Use, that You are in violation of any applicable laws, regulations, licenses, or terms of use, or that You are using the App improperly or inappropriately.

6.3  LEDVANCE accepts no liability whatsoever in connection with the suspension or termination of this usage agreement.
 

7.1  LEDVANCE is constantly striving to improve the App so that they may be subject to adjustments over time. In particular, LEDVANCE is entitled, at its sole discretion, to:
 
i.                develop bug fixes, patches, enhancements, improvements, updates and upgrades to provide new features or improve the performance; and/or
ii.               suspend or discontinue any part, feature and/or application, introduce new features or limit certain features, or restrict access in whole or in part.

7.1  An update of the App may require You to update Your mobile device's operating system or use a more current browser. In some cases, the changes LEDVANCE makes to the App may cause software configurations (including, without limitation, operating system of the mobile device) or setups to no longer work together with the App, and You may need to update or change such configurations or setups in order to continue using the App. LEDVANCE will notify You of any material changes that would adversely affect You to the extent possible, reasonable and practicable.
 

Certain components of the App may use open-source components that are subject to additional license terms. They are identified, together with their respective copyright notices and applicable license text in a separate open-source file accessible for download in the App’s “Legal” section.

The App and content displayed in or by use of the App, including editorial content, information texts, photographs, illustrations, artistic designs and other graphic materials, names, trademarks, and logos, are the property of LEDVANCE or third-party licensors and are protected by copyright and trademark rights and other intellectual property rights. Therefore, the App and its contents may not be changed, copied, reproduced, sold, rented, used, supplemented or utilized in any other way without the prior written consent of the respective owner.

10.1  The terms and conditions set forth in this clause 10 apply only to the iOS version of the App that You obtained from the Apple App Store. These terms are Apple-mandated minimum requirements for terms of use for Apps created by the App developer.

10.2  LEDVANCE is solely responsible for the App. The store operator is not involved in the development and has no influence on the content or design of the App. Therefore, the following applies:
        Support and maintenance of the App are the sole responsibility of LEDVANCE and not of the store operator.

10.3  LEDVANCE’s contact details are:
         LEDVANCE GmbH, Parkring 1-5, 85748 Garching, Germany
         Telephone:           +49 (89) 780 673 100
         Email:                   contact@ledvance.com

10.4  LEDVANCE warrants that the App is free of defects in accordance with these Terms of Use. In the event that the App or a service relating to it is defective, You can additionally contact the store operator. Otherwise, the store operator is not responsible for the warranty of the App. Any further liability concerns LEDVANCE alone.

10.5  LEDVANCE is solely responsible for any other claims by You or third parties that are triggered by the App or its use, and not the store operator. This concerns the area of product liability and the violation of legal obligations, administrative regulations or consumer protection regulations (if applicable).

10.6  If a third party asserts claims based on the infringement of intellectual property by the App itself or possession and use of the App by You, LEDVANCE is solely responsible for the examination, settlement and processing of these claims as well as for the defense against them, not the store operator.

10.7  You assure to LEDVANCE that You
 
i.                are not a resident of a country embargoed by the government of the United States of America or included by the government of the United States of America in the list of countries supporting terrorists, and
ii.               are not on a list of persons with whom the United States Government has prohibited or restricted trade (restricted party list).

10.8  Apple and Apple's affiliates are third party beneficiaries of these Terms of Use. If You agree to be bound by these Terms of Use, Apple will have the right to enforce against You any rights or claims Apple may have under these Terms of Use.
 

Information on the protection of your personal data (if any) when using the App can be found in the App's data protection information accessible in the App’s “Legal” section.

LEDVANCE shall be liable to you in accordance with the following provisions:

12.1  The provision of the App by LEDVANCE to You is free of charge. LEDVANCE shall be liable to You for defects in material and defects of title of the App only in the event of fraudulent concealment of the defect. A defect in material exists if the App does not have the agreed quality at the time of transfer of risk. A defect of title exists if third parties can assert rights against You with regard to the App - except for the cases listed in these Terms of Use.

12.2  LEDVANCE shall be liable to You in accordance with the statutory provisions only for damage caused by gross negligence or intent on the part of LEDVANCE, its legal representatives or vicarious agents, for damage resulting from culpable injury to life, limb or health, the assumption of a quality guarantee. Since LEDVANCE provides the App to You free of charge, LEDVANCE shall not be liable for slight negligence. LEDVANCE's liability for damages under the Product Liability Act (ProdHaftG) remains unaffected.

12.3  LEDVANCE is not liable for malfunctions or damages due to

i.                improper, inappropriate, illegal operation or use of the App by you or a third party
ii.               technical defects of the Internet connection (e.g., fluctuating network quality, inaccessibility of the network, insufficient connection quality), or
iii.              Your culpable breach of any of your obligations under these Terms of Use
 
12.4  Any further liability of LEDVANCE, regardless of the cause in law, shall be excluded.

12.5  Although LEDVANCE always endeavors to keep the App free of malware, in particular viruses, spyware, worms, Trojans and ransomware, LEDVANCE does not warrant or guarantee the absence of malware. Before downloading the App or using the App, You should take appropriate safety precautions and check for malware for Your own protection and to prevent malware.

12.6  The above exclusions and limitations of liability shall apply in particular to claims for damages and reimbursement of expenses and also to the same extent for the benefit of the corporate bodies, legal representatives, employees and other vicarious agents of LEDVANCE.

13.1  The contractual relationship between LEDVANCE and You and these Terms of Use shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of international private law.

13.2  If You are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between LEDVANCE and You or these Terms of Use shall be Munich, Germany. However, LEDVANCE is also entitled to sue You at Your general place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this.

14.1  LEDVANCE reserves the right to amend these Terms of Use at any time to the extent necessary, provided that You are not thereby disadvantaged contrary to good faith or unreasonably. Any changes to the Terms of Use will be made available to You via the App. YOUR CONTINUED USE OF THE APP AFTER ANY SUCH MODIFICATION MEANS THAT YOU ACCEPT THE MODIFIED TERMS. EACH TIME YOU USE THE APPLICATION, THE LATEST VERSION OF THE TERMS WILL BE DISPLAYED AND WILL APPLY. If You do not agree with the amended Terms of Use, You are free to reject them; however, this means that You will no longer be permitted to use the App.

14.2  Insofar as individual provisions of these Terms of Use are or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic objectives of the parties. The same shall apply in the event of an omission.