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.
3.12 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.
4.6 cunio is free in its decision to restrict access to and use of certain free content.
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
7. Term of the contract
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
9.2 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.
9.5 cunio is neither obliged nor willing to participate in a dispute settlement procedure before a consumer enforcement agency.
© cunio Technologies GmbH, 2017