General Terms of Use for the “MySpreader” App
1. Provider
AMAZONEN-WERKE H. Dreyer GmbH & Co. KG (“AMAZONE”)
Commercial Register of the District Court of Osnabrück
Commercial Register Number: HRA 2716
VAT ID number: DE117583895
Am Amazonenwerk 9-13
D-49205 Hasbergen – Germany
Telephone: +49 (0)5405 501-0
Fax: +49 (0)5405 501-147
Email: [email protected]
Domain: https://amazone.net/de
Company:
Gaster Landmaschinenfabrik GmbH, represented by the Managing Directors, Christian Dreyer and Dr Justus Dreyer
offers you, with the MySpreader application (hereinafter referred to as the "MySpreader App”), a programme that enables you to set your AMAZONE spreader quickly and easily, and to check and optimise the lateral distribution of the fertiliser spreader.
Please note that you need a mobile device, and may require additional hardware, to use the MySpreader App.
2. Scope
2.1 These Terms of Use (hereinafter referred to as "Terms of Use") apply to the use of the MySpreader App offered by our company and all related services.
2.2 You can view the current version of these Terms of Use at any time on the website at [https://www.amazone.net/de/produkte-digitale-loesungen/digitale-loesung/software/agapps/nutzungsbedingung-myspreader-66374], as well as view, save and print them out in the MySpreader App. We reserve the right to make changes to those Terms that do not relate to essential contractual provisions. Essential contractual provisions are those that relate to the main performance obligations of the contracting parties or otherwise have a significant influence on the equivalence relationship between the contracting parties.
2.3 If you use the MySpreader App with an iOS device, the terms and conditions of the Apple App Store apply to the use of the Apple App Store. If you use the App with an Android device, the terms and conditions of the Google Play Store apply to the use of the Google Play Store. Should the terms and conditions of the Apple App Store or the Google Play Store contradict these Terms of Use, these Terms of Use shall take precedence.
3. Conclusion of contract and contract object
3.1 By agreeing to these Terms of Use and the data protection declaration (cf. no. 12) (by clicking "Agree"), a contract comes into effect between you and us for the use of the MySpreader App, in accordance with these Terms of Use.
3.2 We thereby grant you the simple, non-transferable right to use the MySpreader App to improve your fertiliser application, subject to these Terms of Use. The MySpreader App provides you with a wide variety of information and services. You are only authorised to use the information displayed by the MySpreader App for this purpose. Commercial exploitation or distribution of the information is prohibited.
3.3 You are not authorised to reproduce the App in whole or in part. Furthermore, you may not decompile the MySpreader App.
4. Conditions of use
4.1 The use of the MySpreader App generally requires the following:
- The MySpreader App may only be used with an AMAZONE machine.
- The AMAZONE machine must be equipped with a terminal and the Spreader Connect Ready Package.
4.2 To use the MySpreader App, you also need a mobile device that meets the following technical requirements:
- Android 7.1 or higher, or iOS 11, a camera with at least 5MP resolution. Due to technical developments in both mobile devices and the MySpreader App, the technical requirements are regularly adjusted. We would like to point out today that future changes to the technical requirements may mean that you are no longer able to use the MySpreader App, or to use it to its full extent.
4.3 Furthermore, you need the following additional hardware to use the MySpreader App (depending on the function):
- AMAZONE Bluetooth adapter (for transferring the setting parameters to the machine via Bluetooth)
- EasyCheck mats (for the EasyCheck function)
- Drip pans (for the "mobile test kit" function)
The hardware in your AMAZONE machine must be properly installed, operational and the mobile device must be connected to the Internet/mobile network for data synchronisation.
4.4 Use of the MySpreader App requires an internet connection with adequate speed for data transfer. This may incur costs that are to be borne by you. Please note that full use of the MySpreader App may therefore be limited to the reception and transmission range of your network operator's base stations.
4.5 The MySpreader App service is available in Germany, France, the Netherlands, Belgium, Denmark and the United Kingdom.
5. The MySpreader App functions and scope of performance
5.1 The MySpreader App functions include:
- Download and display of recommended settings for your AMAZONE fertiliser spreader
- Wireless transmission of recommended settings
- Determination of optimal spreading patterns for fertiliser mixtures (only for spreaders with TS spreading unit) - EasyMix
- Document spreading processes (or the machine settings of a process)
- Optimisation of the spread pattern using EasyCheck
- Optimisation of the spread pattern using a mobile test kit
5.2 We reserve the right to modify the scope of performance of the MySpreader App, insofar as this modification is reasonable in relation to the total scope of the agreed service. A modification of the scope of performance is specifically permissible where:
- additional performance functions or an extension of existing performance functions is offered;
- the modification of the scope of performance is not essential, but is necessary due to technical innovations or new regulatory requirements;
- the calculation parameters essential for the service provision have subsequently changed, if this change was not reasonably foreseeable when the contract was concluded, the modification does not constitute an essential change in the scope of performance, and is necessary to ensure the profitability of the MySpreader App offer; or
- technical changes to the AMAZONE machine(s), to which the MySpreader App service relates, require this modification.
5.3 We will offer you further modifications to the scope of performance, for which the aforementioned requirements do not exist, in writing or via an electronic communication channel (e.g. email) in good time, before they come into effect. These become part of the contract if you agree to them. If you do not agree to the additional modification offered by us within a reasonable period of at least four weeks, determined by us, or you withdraw your consent, we are entitled to terminate the existing usage contract by the planned date of entry into force of the modification. In this case, we will refund the payment made by you for the entire duration of the contract on a pro rata basis.
5.4 The services provided as part of the MySpreader App are rendered exclusively via electronic communication channels (e.g. internet, mobile radio).
5.5 In regard to the accuracy of data and information and the availability of the MySpreader App services, we expressly refer you to Note 8.
6. Duration
The contract for the use of the MySpreader App expires automatically if the licensing agreement between the authorised dealer and the customer, as part of the Spreader Connect Ready Package, expires.
7. Costs
7.1 The MySpreader App can be downloaded free of charge. Additional costs are only incurred for the extra hardware that may be required for individual functions, and for the activation of the functions (please see § 4). Furthermore, we do not charge a fee for the use of the MySpreader App for the duration of the contract.
7.2 The costs for data transmission for the use of the MySpreader App must be borne by you.
8. Availability and warranty
8.1 We give no guarantee and assume no liability for the accuracy of the information provided, the security of the MySpreader App and its uninterrupted availability. The setting values suggested in the MySpreader App for the AMAZONE machine merely represent recommendations and do not replace an independent verification by the user.
8.2 The service provision presupposes a proper functioning and operational mobile device. An impaired or delayed data transmission may therefore lead to a malfunction of the MySpreader App. Services may also be affected by atmospheric conditions, topographical factors, the position of the AMAZONE machine or physical obstacles (e.g. bridges and buildings).
8.3 Furthermore, availability may be affected due to force majeure, including strikes, lockouts and official orders, as well as due to short-term capacity bottlenecks resulting from peak loads on the services, or from malfunctions in third-party telecommunications systems.
8.4 We are not responsible for the proper functioning and operability of your mobile device, you are.
9. User information
9.1 The MySpreader App can never replace the operating instructions for your AMAZONE product. Therefore, always follow the operating instructions for safe handling of one of our products. Ensure that the AMAZONE machine or machines you use with the MySpreader App is/are operated by people who are sufficiently familiar with it/them and trained.
9.2 The MySpreader App merely provides you with information about physical parameters. This enables you, for example, to receive information about the physical aspects of the mixing and spreading process with a fertiliser mixture defined by the user. Please note carefully here that the MySpreader App cannot take the chemical properties of the substances into account, which could result in potentially dangerous mixtures (explosive, toxic, etc.). Therefore, ensure beforehand whether substances can be safely introduced into the mixing and spreading process.
10. Liability
10.1 We assume no liability for the consequences of disturbances, interruptions and functional impairments to the service, especially not in the cases described in Notes 8 and 9.
10.2 We assume unlimited liability for claims due to damages caused by us, our legal representatives, or vicarious agents involving:
10.2.1 injury to life, body or health,
10.2.2 intentional or grossly negligent breach of duty,
10.2.3 promise of guarantee, if any, and
10.2.4 provided that the scope of the Product Liability Act is established.
10.3 If we, our legal representatives or our vicarious agents, breach essential contractual obligations, the fulfilment of which enables the proper enforcement of the contract in the first place, and on the observance of which you can trust (cardinal obligations) , simple negligence, our liability is limited in its amount to the foreseeable, typically occurring damage at the time of the signing of the contract.
10.4 Otherwise, we are not liable for damage compensation.
11. Sale or permanent transfer of the vehicle
11.1 You cannot transfer your existing user contract with AMAZONE to third parties via the MySpreader App without our consent. This also applies in the event that you sell your AMAZONE machine to a third party or pass it on permanently.
11.2 You are obligated to inform the third party to whom you sell your AMAZONE machine or to whom you permanently pass on your AMAZONE machine, about all activated or deactivated services within the MySpreader App.
12. Data protection
Here, we refer you to our data protection declaration for the MySpreader App, which you can view in the MySpreader App, in the Apple App Store or in the Google Play Store and at [https://www.amazone.net/de/produkte-digitale-loesungen/digitale-loesung/software/agapps/datenschutzerklaerung-myspreader-66372].
13. Final provisions
13.1 The exclusive place of jurisdiction is D-49205 Hasbergen, Germany. We also have the right to file a suit before the competent court at the customer’s place of residence, or before any other court that may have jurisdiction under national and international law.
13.2 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.
