Terms and conditions – APA

General Terms and Conditions of evia Research GmbH

Last Updated: June 17, 2023

Table of contents

1. scope, amendments

2. object of use

3. updates and maintenance, availability

5. subscription of the questionnaires, user fee

9. contract term, termination

10. general user obligations

12. right of use

13. privacy & user data

14. external links

15. exclusion/limitation of liability

16. final provisions

Contact

1. scope, amendments

1.1 These Terms of Use apply to the use of the software “APA App” (hereinafter also referred to as “App” or “Software”) and all associated services and govern the contractual relationship between us, evia Research GmbH, represented by the Managing Director Steffen Schenk, Am Längenbühl 22, 71229 Leonberg, Germany (hereinafter referred to as “evia” or “we”) and the users of evia (hereinafter referred to as “you” or “users”). They apply in their current version at the time of the conclusion of the contract and both for the use of the free trial version and for the use of the paid full version.

1.2 We reserve the right to change these Terms of Use, even for ongoing subscriptions, if this becomes necessary due to changes in the legal situation, supreme court rulings or market conditions. In this case, we will inform you of the planned changes by e-mail. We will attach the terms of use to the e-mail, highlighting the planned changes. You will then have the opportunity to object to the planned changes within 14 days of receipt of the e-mail. If we do not receive an objection from you within this period, the changes shall be deemed to have been tacitly accepted by you. We will expressly point out this legal consequence to you once again in the corresponding e-mail. If you object to the changes, we shall be entitled to terminate the usage agreement prematurely and without notice; in this case, you shall receive a refund of any usage fees already paid for the remaining period of the regular contract term.

2. object of use

2.1 These Terms of Use govern the use of our software APA App, a software for determining automation potentials in the production environment. In combination with application-specific questionnaires, the APA App helps you to understand which manual process steps in assembly can be automated and what effort is involved.

2.2 The scope of functions of the app results from the software description, available at https://shop.evia.de, the list of prices and services, and the version history, available at https://shop.evia.de.

2.3 Part of the APA App are the evia web services. These allow you to mirror your data collected with the APA App on multiple computers. You can also view this data on any Internet-capable end device via a browser. To use the APA App, you need to create a user account.

2.4 We expressly reserve the right to continuously adapt the scope of functions and the interface of the APA App. In addition to the expansion of the range of functions, this may also involve a restriction of the functions and a change in the user experience.

2.5 We provide you with the APA App and the questionnaires as part of a subscription. It is not possible to purchase the APA App or the questionnaires or to acquire a license for an unlimited period of time.

3. updates and maintenance, availability

3.1 We strive to continuously improve the APA App and the included questionnaires in order to provide you with the best possible user experience. For this purpose, we provide free updates of the software and the purchased questionnaires from time to time. However, the user has no right to continuous updates, bug fixes or functional enhancements.

3.2 We shall continue to endeavor to ensure the highest possible availability of the online services around the APA App. However, a specific availability per month or year is not owed. In order to ensure the availability of our web services for all users, we reserve the right to throttle access to them and/or to restrict access in the event of high server load. In particular, we reserve the right to exclude individual users from our web services if they cause a disproportionate server load.

4. subscription of the questionnaires, user fee

4.1 If you want to use the APA App to survey automation potentials, you need the questionnaire subscription developed for the respective use case. You can purchase these subscriptions on our website at https://shop.evia.de. The contractual partner here is also evia.

4.2 In order to conclude a subscription, the User must select a payment method during the ordering process and provide valid payment information. The user will be shown the available payment methods in the order process. Access to the questionnaires in the APA App shall only be activated after payment has been made.

4.3 The amount of the monthly or annual usage fee for the use of the APA App depends on the choice of subscriptions (“Production”, “Welding” and “Logistics”). The prices and usage modalities stated at the time of the conclusion of the contract under https://shop.evia.de shall apply. All prices stated are exclusive of statutory value-added tax.

4.4 We reserve the right to adjust our prices due to market changes, extensions of the scope of functions or to compensate for inflation. We will announce price increases to you in good time. These will only take effect at the next contract cycle (month or year). You have the opportunity to object to the price increase up to this point in time. If you object to the announced price increase, your subscription will not be renewed at the end of the contract period.

4.5 The user shall pay the usage fee to evia in advance for the selected contract period (month or year) via the payment method selected by the user.

4.6 Refunds of usage fees that have already been paid are generally not provided for. Exceptional cases will be reviewed at the sole discretion of evia. In particular, no refunds will be made for payments made more than 30 days in the past.

4.7 Within the scope of contractual freedom, we reserve the right to reject individual subscription orders without stating reasons.

5. contract term, termination

5.1 The contract term is one year. Upon expiration of the contract term, your subscription will be automatically renewed for another year, unless either party gives prior notice of termination with a notice period of one calendar day to the end of the contract.

5.2 To cancel your subscription, you can use the corresponding function in the app under “Manage subscription” or send us a message to apa@evia.de. You will also receive an email with a link to manage your subscription when you sign the contract. If you do not use the cancellation function in the app, the cancellation must be at least in text form to be effective.

5.3 In principle, you have the option of changing your subscription during the term of the contract, provided that you opt for a subscription with a greater scope of functions or use (addition of further questionnaires). However, within the scope of contractual freedom, we reserve the right to reject a change in individual cases without giving reasons.

5.4 The right to extraordinary termination for good cause remains unaffected. evia may in particular terminate the user contract extraordinarily if:

– the user violates obligations arising from these terms of use, in particular license terms or,

– the user misuses the APA app.

6. general user obligations

6.1 The user undertakes not to use the APA App or its questionnaires in the US.

6.2 The user shall not be entitled to use programs, algorithms or other software in connection with the use of the APA App which may interfere with the functioning of the software. In particular, he shall not take any measures which may result in an unreasonable or excessive load on the infrastructure of the app or may interfere with it in a disruptive manner.

6.3 When you create a user account, you will be asked to set a password. You can use this to log in to the APA App after clicking the activation link. The user must keep his access data including the password secret and ensure that they are not accessible to unauthorized third parties. This includes in particular the selection of a secure password (at least eight characters consisting of upper case letters, lower case letters, numbers and special characters). It is the user’s responsibility to ensure that the APA App is only used via his user account exclusively by the account holder. Passing on the access data to third parties is not permitted.

6.4 The user is obligated to provide all information to evia truthfully. Furthermore, the user is obliged to keep his registration data up to date. If the data provided changes during the period of use, the user shall inform evia immediately.

6.5 It is the user’s responsibility to ensure that the hardware he intends to use for the use of the APA App meets the technical system requirements before concluding a subscription.

7. right of use

7.1 The APA App software as well as its contents (in particular graphics, logos, texts, layouts, databases, etc.) are protected by copyright. The exclusive holder of the rights of use is evia Research GmbH. The same applies to the website https://shop.evia.de and all its subpages and their contents.

7.2 For the term of the subscription, the user shall be entitled to use the APA App for the intended purposes. evia therefore grants the user:

– simple,

– limited in time to the duration of the paid subscription,

– limited in content to use for the intended purposes,

– non-sublicensable,

right to use the APA App and the associated questionnaires and services.

7.3 Duplication of the software is only permitted to the extent provided for in the respective subscription. Depending on the selected subscription, the APA App may be used by one user on one device. The user account required for the use of the APA App may only be used by one person.

7.4 The user is not permitted to transfer the software to third parties, whether in return for payment or free of charge. Likewise, the user is not permitted to modify the software or parts thereof, to decompile it, to insert it into other software or to combine it with other software.

8. privacy & user data

8.1 Personal data of the users will be processed by us in strict compliance with data protection laws, in particular the European Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG). Further information on data protection can be found in our privacy policy, available at https://shop.evia.de/en/privacy-policy/.

8.2 If you use the APA App, we will keep the data recorded in the App for you for 30 calendar days after the end of the subscription. If the subscription is not extended within this 30-day period, the data will automatically be irrevocably deleted. It is the user’s responsibility to create a backup of this data if they wish to use the data beyond the 30-day period.

8.3 If the user consents, the data of the APA App may be shared anonymously for research purposes with partners of evia, in particular the Fraunhofer Institute for Manufacturing Engineering and Automation.

8.4 The data protection guidelines of the evia Group (https://www.evia.de/datenschutz/) shall apply in all other respects.

9. external links

9.1 Our software and our websites contain occasional links to online offers and appearances of third parties. This is done merely as a service for the user.

9.2 Despite careful control of the content, evia assumes no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

10. exclusion/limitation of liability

10.1. evia is liable without limitation for intent and gross negligence. In the case of simple negligence, evia is only liable for damages resulting from injury to life, limb, health or an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely).

10.2 In the case of simple negligent violation of essential contractual obligations, the liability of evia is limited to the amount of the foreseeable, typically occurring damage. In all other respects, evia’s liability is excluded.

10.3 The above limitations of liability also apply to the benefit of evia’s legal representatives and vicarious agents.

11. final provisions

11.1 The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 Should individual provisions of these Terms of Use, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

11.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with contracts concluded under these Terms of Use shall be the registered office of evia.

apa@evia.de

If you have any questions about these conditions, please feel free to contact us.