2.1 The language available for the conclusion of the contract is German and English.
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
The App is provided to you free of charge.
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:
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.
5.1 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.
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.
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.
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
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).
LEDVANCE shall be liable to you in accordance with the following provisions:
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
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.