Consumer

LUX-O-METER APP – TERMS OF USE

(AS OF JANUARY 2021)

1. SCOPE OF APPLICATION, AGREEMENT OF TERMS OF USE, DISCLAIMER REGARDING APP STORES

1.1 These Terms of Use govern the terms and conditions for the use of the software application "Lux-O-Meter" for mobile devices (hereinafter "App"), which is provided by LEDVANCE GmbH, Parkring 29-33, 85748 Garching, Germany (hereinafter "LEDVANCE") via App Stores (clause 1.3).

1.2 The publication of the App in the App Store constitutes an offer by LEDVANCE to conclude these Terms of Use with you. By accepting these Terms of Use a binding contract between you and LEDVANCE shall be constituted. Please read these Terms of Use carefully. 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. If you are not of legal age or do not wish to accept all the terms of these Terms of Use, you are not authorized to use the App and must immediately stop using the App and uninstall the App from your mobile device.

1.3 These Terms of Use exclusively govern the contractual relationship between you and LEDVANCE regarding the use of the App. 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 the App from an App Store, is not a party to these Terms of Use.

1.4 In addition to acceptance of these Terms of Use, provision of the App may still be subject to compliance with separate terms and conditions of the applicable App Store. The App Store is not responsible or liable for the App.

2. CONTRACT LANGUAGE, STORAGE AND AVAILABILITY OF TERMS OF USE, CODES OF CONDUCT

2.1 The language available for the conclusion of the contract is German and English.

2.2 These Terms of Use will be made available to you via download link in the App Store.

2.3 The following code of conduct to which LEDVANCE has subjected itself is relevant here: https://www.ledvance.de/professional/unternehmen/ueber-ledvance/nachhaltigkeit/wirtschaft/ledvance-code-of-conduct/index.jsp

3. FREE OF CHARGE LICENSE GRANT, AND TERM

The App (including any bug fixes, patches, enhancements, improvements, updates, and upgrades) is licensed and not sold to you. Subject to your full compliance with these Terms of Use, 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.

The App is provided to you free of charge.

4. PURPOSE AND REQUIREMENTS OF THE APP, YOUR OBLIGATIONS

4.1 The App is used to test the lighting in your study or other rooms. By measuring the intensity of the light in the room, it checks whether the corresponding room is optimally illuminated or should be brighter or darker.

4.2 The use of the App does not require registration.

4.3 To make use of the functions of the App, the following authorizations are requested, or hardware components of the mobile device are used:

  • Light sensor (Android)
  • Camera (iOS)

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, in particular that a compatible version of the supported operating systems is installed (at least iOS13 or Android 5.0). Some functionalities also require an active Internet data connection.

5. RESTRICTED USE, SUSPENSION AND TERMINATION OF USE

5.1 You must not, and must not permit others to,

a) decompile, reverse engineer, disassemble or decrypt the App, except as permitted under Section 69e of the German Copyright Act (UrhG) or any other applicable mandatory provision of law,

b) violate industrial property rights, copyrights, personal, property and other rights of third parties while using the App,

c) violate any policies, laws, or regulations to which your use of the App is subject while using the App,

d) remove, alter, or obscure any proprietary marks of LEDVANCE or its licensors while using the App,

e) remove, disable, or circumvent any copy protection, rights management or security features of the App,

f) make any modifications to the App or create any derivative works thereof.

5.2 LEDVANCE is entitled to suspend or terminate your right to use 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, you are in violation of any applicable laws, regulations, licenses, or terms of use, or are using the App improperly or inappropriately.

6. UPDATES AND CHANGES TO THE APP

6.1 LEDVANCE is constantly striving to improve the App, so it may be subject to adjustments over time. In particular, LEDVANCE is entitled, at its sole discretion, to:

a) develop bug fixes, patches, enhancements, improvements, updates and upgrades to provide new features or improve the performance of the App; and/or

b) suspend or discontinue any part, feature and/or application of the App, introduce new features or restrict certain features, or restrict access to all or part of the App.

6.2 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 in conjunction with the App, and you may need to update or change such configurations or setups in order to continue to use the App.

6.3 LEDVANCE will notify you of any material changes to the App that would adversely affect you to the extent possible, reasonable and practicable.

7. CHARGES OF THIRD PARTIES FOR DATA

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.

8. INDUSTRIAL PROPERTY RIGHTS, TRADEMARKS

The App contains proprietary and confidential information that is protected by intellectual property laws and treaties. The App and its contents are the intellectual property of LEDVANCE or its affiliates or its licensors, who reserve all rights not expressly granted in these Terms of Use. All trademarks, logos, and service marks (collectively, "Marks") displayed on the App are the property of LEDVANCE, its affiliates, or its licensors. You are not authorized to use any of these Marks without the prior written consent of the respective owner.

9. ADDITIONAL CONDITIONS FOR THE USE OF THE IOS VERSION OF THE APP

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

9.2 LEDVANCE is solely responsible for the App. Apple is not involved in the development and has no influence on the content or design of the App. Therefore, the following applies:

9.2.1Support and maintenance of the App are the sole responsibility of LEDVANCE and not of Apple.

9.2.2LEDVANCE contact details are:

LEDVANCE GmbH, Parkring 29-33, 85748 Garching,
phone: +49 89-780673-100
e-mail: contact@ledvance.com

9.3 LEDVANCE warrants that the App is free of defects in accordance with clause 11 of these Terms of Use. In the event that the App or a service relating to it is defective, you may additionally contact Apple. Apple is not responsible for the warranty of the App. Any further liability concerns LEDVANCE alone.

9.4 LEDVANCE is solely responsible for any other claims by you or third parties that are triggered by the App or its use, not Apple. This concerns in particular the area of product liability as well as the violation of legal obligations, administrative regulations or consumer protection regulations.

9.5 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 alone is responsible for the examination, settlement, and processing of these claims as well as for the defense against them, not Apple.

9.6 You shall ensure that:

9.6.1 you 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

9.6.2 you are not on a list of persons with whom the United States Government has prohibited or restricted trade (restricted party list).

9.7 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.

10. PRIVACY POLICY

All personal data collected from you by LEDVANCE will be processed in accordance with the provisions of the privacy policy of the Lux-O-Meter App. The privacy policy of the Lux-O-Meter App is available at the following address: https://www.ledvance.com/consumer/company/about-ledvance/privacy-policy/privacy-policy-lux-o-meter-app

11. LIMITED WARRANTY AND LIABILITY

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

11.1 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 (clause 4) 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.

11.2 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.

11.3 LEDVANCE is not liable for malfunctions or damages due to

a) improper, inappropriate operation or use of the App by you or a third party,

b) technical defects of the Internet connection (e.g., fluctuating network quality, inaccessibility of the network, insufficient connection quality), or

c) your culpable breach of any of your obligations under these Terms of Use, in particular pursuant to clauses 5 and 9.6.

12. APPLICABLE LAW, OS PLATFORM, PLACE OF JURISDICTION

12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the provisions of international private law if

12.1.1 you have your usual residence in Germany, or

12.1.2 your usual residence is in a country which is not a member of the European Union.

In case you have your usual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your usual residence shall remain unaffected.

12.2 The European Commission provides a platform for extrajudicial online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . LEDVANCE is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12.3 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.

13. AMENDMENTS TO THE TERMS OF USE, PARTIAL INVALIDITY

13.1 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 directly via the respective App Store via a download link within the scope of updates of the App. 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 able to use the App. With your continued use of the App, you agree to the changes.

13.2 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.

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