Terms of Use

cunio Terms of Use

 

When “cunio”, “us” or “we” is referred to in the following, cunio Technologies GmbH is meant. These Terms of Use apply to our app “cunio” as well as to the website www.cunio.de and all associated services, functions and software (hereafter together “the services”) unless otherwise specified in the following.

 

 

1. General

 

1.1 cunio is provided by cunio Technologies GmbH, Platz der Einheit 2, 60327 Frankfurt am Main and is subject to the following terms of use (“cunio Terms of Use”).

 

1.2 Before you can use cunio, you must first agree to the cunio terms of use. Please read the cunio Terms of Use carefully in advance. If the terms of use are not understandable to you or if you do not accept them, please do not accept the cunio terms of service and do not use the cunio services. The use of the services of cunio is considered as consent to the validity of the cunio terms of use.

 

 

2. Provision of the services of cunio

 

2.1 You can use cunio to access and use content for your mobile device, computer, or other supported device (“device”). Some of these contents may be offered by cunio, other content is provided by you as a user or by other users. cunio is only responsible for the contents of cunio.

 

2.2 cunio is available as a mobile app and web app in various app stores. Our apps are available in the app stores of Apple and Google. The terms and conditions of the app store apply to the conclusion of the contract. cunio decides at its own discretion whether or not parts of the services will be offered in the future. The user has no claim to the permanently free provision of all services.

 

2.3 cunio provides new program versions during the agreed use of the services, the continuous adaptation to technical and legal framework conditions as well as those services and functions that make use possible. Appropriate adaptations in the course of a bug fixing are, of course, free of charge. If a user does not agree that his device automatically requests and receives updates automatically, cunio should not be used and cunio updates should not be installed. Cunio’s telephone support is a voluntary supplementary service and is not a contractual part, cunio can be changed or discontinued at any time.

 

2.4 cunio reserves the right to make certain services of cunio available to certain users or user groups only. In particular, cunio will group the users into object-oriented user groups in order to enable the cunio services to be purposeful and useful.

 

2.5 In order to use cunio, the user requires a web-enabled device which meets the respective system and compatibility requirements for the relevant content. These factors may affect the ability of a user to use and the functionality of cunio. The fulfillment of these requirements is the sole responsibility of each user.

 

2.6 In connection with the use of cunio, access or data fees may be incurred by third-party providers, for example with your Internet provider or mobile phone provider. Such charges may arise, for example, if you use third-party services or devices to use cunio’s services. Such fees are your responsibility.

 

2.7 cunio may update its services to the new version whenever cunio determines that the update resolves a critical security vulnerability related to cunio’s services. This is independent of the update settings that a user has selected in the cunio settings or on his device.

 

 

3. Registration at cunio and use of the services

 

3.1 In order to be able to use cunio, a valid cunio account must be created by each user. A valid cunio account may only be created by a user who is at least 18 years of age. There is no claim to register a cunio account. cunio can refuse registration at any time without giving reasons.

 

3.2 By creating the cunio account, the user creates a profile to communicate with other users. This profile can be made available to other users, for example, within a stakeholder group such as a home community or all those involved in a residential property. These stakeholders interact on the cunio platform.

 

3.3 Users of cunio can invite other interested parties to use cunio. For this purpose, the inviting user sends an e-mail with a registration code to the prospective user using the cunio services. With this registration code the user can then create a cunio account. Alternatively, a user can register with cunio without an invitation and open a cunio account.

 

3.4 Access to the services and content at cunio requires that the user provide information such as his name, e-mail address and address when attaching the cunio account. The e-mail address given by a user is considered a delivery address. Depending on the user, the profile can be rounded off to include company names, the type of company, the occupied floor and the apartment. Images can also be uploaded and added to the profile.

 

3.5 cunio is based on the idea and the desire that users present themselves according to reality and do not represent themselves as imaginary, virtual identities. The user is therefore obligated not to make false personal data, and to create a user profile for himself. Creating user profiles for others is prohibited. In addition, the User is obliged to update his / her information in the event of a change. The data collected by cunio, including any information collected by third parties, will be used by cunio to provide the service. The cunio data protection declaration explains how cunio deals with the personal data of its users and protects it. All information and information provided by the user cunio must always be kept correct and up-to-date. If a registration is not completed, cunio reserves the right to delete the incomplete cunio-account.

 

3.6 Users of cunio are selected according to the appropriate user profiles and, if necessary, by other users in this property. If the user is e.g. Member of a house community at cunio, the house community members in the house community see the user profile in the user profile. Users whose property, with which they are classified at cunio, will be in this property by the appropriate administrator.

 

3.7 Every user is obliged to keep the user data securely to his cunio account and not to pass it on to others. It is not permitted to transfer a cunio account without first obtaining the written permission of cunio. In addition, it is not allowed to access a cunio account belonging to another user.

 

3.8 cunio and its functions shall not be used in an abusive manner. cunio may only be used within the legal framework and according to our usage conditions. When using the services, all users have to respect and maintain a respectful approach and an adequate expression in any interaction.Responsibility for any content posted, published or transmitted through the use of cunio services is solely the responsibility of the respective user. Content in this sense are, in particular, comments, ratings, messages, entries on pinboards or dashboards, invitations, reviews, feedback, inquiries, status or profile messages, photos. The user assures cunio that he has all necessary rights or permissions with respect to discontinued content, and that his use does not violate the rights of third parties or legal provisions.

Offensive, discriminatory, racist, degrading, aggressive, martial, anti-religious, anti-church, violence-glorifying, youth protection and other illegal or legal violations of content, expressions or expressions or other acts carried out with cunio are undesirable and become by cunio not accepted. It is not permitted to use content on cunio, which contains hate speech, threats and / or pornography, which lead to violence, or which contain general nudist or graphic and other violence. It is also not permitted to provide sensitive information regarding other users or other third parties via cunio. In general, it is prohibited to use cunio in connection with unlawful or misleading actions. It is not permitted to use cunio for spam, the collection of content or information from users by means of automated mechanisms or for illegal structural distributions such as, for example, snowball systems.

 

3.9 cunio enables users to provide feedback and feedback on the services provided. Services are provided by tenants or. Tenant-generated services can be addressed to themselves or to other users. Services rendered by landlords or house administrations can be created for individual users, utility groups or service providers. Services are only available to the target groups. It is not permitted to evaluate self-made services or to make fictitious evaluations or to cause this. cunio reserves the right to delete any illegal or abusive evaluations in whole or in part. In addition, cunio reserves the right, at its own discretion, to warn, warn, or temporarily or permanently exclude users from any or all of cunio’s services.

cunio is in no way responsible for the content of the reviews submitted.

 

3.10 cunio allows users to exchange information, reviews, messages, entries on the desktop, or dashboards, invitations, reviews, feedback, and queries. This exchange takes place either publicly or within certain user groups, depending on the chosen type, and can only be viewed by these user groups. “Public” in this sense means, however, only and to a maximum the circle of all connected users of a building object.

 

3.11 Users of cunio are aware that cunio is not able to verify all the content inserted by the users on cunio as to whether they agree with the requirements of these terms of use. cunio therefore allows users to report inserted content from other users. In doing so, cunio implements the reporting process, which takes account of the interests of the user, the user community and the general public.

 

3.12 Security functions of cunio may not be bypassed, deactivated or turned off by the user either by himself or by third parties. Corresponding authorizations or encouragement against third parties must be omitted. The User is also obliged not to perform any actions which could block, overload, or impair the proper functioning of cunio’s services

The infringement of the above provisions will be pursued by civil or criminal law by cunio if necessary.

 

3.13 If a user as owner has several cunio accounts with different user profiles and if cunio provides a function for corresponding transfers within the service, content can be transferred between these accounts. cunio may set restrictions on the number of devices and / or software applications that allow users to access content. For the purpose of implementing such restrictions, cunio will record and store the unique device identifiers of the devices used.

 

4. Provision of rights

 

4.1 cunio grants the user a simple right of use, which in its duration is limited to the period of granting. All non-expressly granted rights of use remain with cunio.

 

4.2 The contents contained in the services are limited to personal use, unless there are any derogations granted by law or by law. By downloading the cunio app, users do not acquire any copyrights or industrial property rights, unless they are explicitly granted to a user. For some text-based content, select, copy, and paste functions may be available. These functions may only be used within the stated scope and for personal, non-commercial purposes only.

 

4.3 No user is entitled to display content within cunio in whole or in part in the context of a public performance or presentation, even if no fee is required. Exceptions are uses that do not violate copyrights or other applicable rights.

 

4.4 If a user uses cunio to protect content protected by intellectual property rights, Photos or videos, the user grants cunio at the same time a non-exclusive, transferable, sub-licensable, worldwide license for the use of any such content. The sole purpose of this provision is to provide the services of cunio. The granting of rights ends when such content or the cunio account is deleted. If such content has been shared with other cunio users and has not been deleted by them, the provision of rights to such content continues to apply.

 

4.5 Other than own contents may not be sold, rented, leased, redistributed or changed, publicly transmitted, transmitted or made accessible without the authorization of the corresponding authorized persons. Authorization to use posted content within and for the purposes of cunio’s services and user’s terms of use shall be deemed to have been granted by the authorizing party. The rights of use transferred to a user can neither be sublicensed to third parties nor transferred or assigned in any other way. Content as part of a service may not be shared, shared, or shared with any person or entity.

 

4.6 cunio is free in its decision to restrict access to and use of certain free content.

 

 

5. Revocation

 

As far as a user is entitled to a legal right of revocation as a consumer, the user of cunio receives a corresponding right of revocation and a sample revocation form in good time. Consumers are any natural person who enters into a legal transaction for purposes which cannot be attributed primarily to their commercial or self-employed occupation. If the user is not a consumer at the conclusion of a legal transaction (for example when registering a cunio account), the right of rescissions does not apply. The right of revocation expires in accordance with § 356 para. 4 BGB in the case of a contract for the provision of services even if the contractor has completed the service in full and has only begun to carry out the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he will lose his right of revocation if the contractor is fully complied with.

 

6. Violation of the conditions of use and applicable laws

 

Violation of the conditions of use and applicable lawsUsers not complying with the requirements of clauses 3 and 4 of these Terms of Use or the applicable laws when using the cunio services may be excluded from the use of the cunio services. cunio reserves the right to block or delete a cunio account, to exclude individual users from the use of the services, or to remove content in question. cunio is also entitled to modify or delete content, such as comments or entries on the walls or dashboards. If a user violates these conditions of use or does not comply with the applicable laws when using the cunio services, his rights of use end directly according to these terms of use. In addition, there is no claim for compensation or reimbursement with regard to its cunio account or contents. If cunio disables the cunio account of an administrator, the resident members may no longer be able to access certain functions of cunio.

 

 

7. Term of the contract

 

cunio may terminate the contract of use at any time with a period of 14 days. The right to terminate without notice for good cause remains unaffected. An important reason is, in particular, if the provisions of clauses 3 and 4 of these Terms of Use or the applicable laws are not complied with when using the cunio services. Upon termination of the contract, the user rights of a user end from these terms of use immediately at the respective termination date.

 

 

8. Liability

 

In the case of damage caused by the injury to life, body or health, as well as by intent and gross negligence, cunio is liable according to the legal regulations. However, cunio is only liable for slight negligence in the event of a breach of a “essential” obligation from the contract with the user. “Essential” is an obligation if it is necessary for the fulfillment of the contract or if its violation would jeopardize the achievement of the purpose of the contract and if the user is allowed to rely regularly on compliance with this obligation. In the cases described, the liability of cunio is limited to typical and foreseeable damages. Furthermore, cunio’s liability is excluded, unless there is a corresponding exclusion of liability from the law. The liability exclusion does not apply to damages, which have to be replaced according to the Product Liability Act.

 

 

9. Final provisions

 

9.1 We reserve the right to change or adapt these Terms of Use at any time. Users are asked to accept new conditions of use. Once the user has accepted new terms of use, they will apply to the continued use of all existing and future content and functions. The link to our Terms of Use is updated on this page. Therefore, as a user of this app, we ask you to visit this link at regular intervals to keep up with the content and the current status of the current terms of use. The current version of the Terms of Use is always available on the website www.cunio.de. Possibly. and under certain circumstances we will actively point out changes within the Terms of Use. By further use of the services, the user confirms the agreement to the changed usage conditions. If a user does not accept changed usage conditions, he must terminate the use of the services. If the user does not terminate the use, the last accepted version of the conditions of use continues to apply for further use, if this is possible. However, cunio is entitled, at its sole discretion, to determine that the further use of cunio may only be carried out on the condition that the updated conditions of use are accepted. In this case, cunio grants the user a transitional period in which the content of the last accepted usage conditions can be protected. After the expiration of the transition period, cunio can refuse access to the cunio account.

 

9.2 German law shall apply to the contract as well as to the use of cunio’s services, with the exception of its conflict-of-laws provisions and the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

 

9.3 These Terms of Use are valid as of their publication within the services of cunio and with regard to a single user from the moment the user confirms the terms of use by registering and declaring his consent. cunio reserves the right to change these conditions of use at any time without giving reasons. The amended terms of use are provided to the user in an appropriate form, e.g. by e-mail or by any other means within the service, not later than four weeks before its entry into force. If the member does not object to the validity of new conditions of use within four weeks after receipt of the e-mail or as soon as possible, the changed conditions of use are deemed accepted. cunio points out the importance of this four-week period to the user separately. This authorization creation does not apply to a change in these conditions of use insofar as the main performance of the contract is affected if this would result in an unfavorable disproportion between the service and the consideration which the user would have to bear.

 

9.4 Should individual provisions of these Terms of Use be invalid for any reason whatsoever, or if a gap is required, the effectiveness of the Terms of Use shall remain unaffected.

 

9.5 cunio is neither obliged nor willing to participate in a dispute settlement procedure before a consumer enforcement agency.

 

© cunio Technologies GmbH, 2017

Latest version of Terms of Use: 21.09.2017

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