These Special Terms of Use (hereinafter “STU”) apply to the use of the application offered by DEHN SE, Hans-Dehn-Straße 1, 92318 Neumarkt (hereinafter “DEHN”) under the name DEHNwork (hereinafter “DEHNwork”) and for all functions accessible via DEHNwork (hereinafter “DEHNwork functions”; DEHNwork and the DEHNwork functions hereinafter collectively referred to as “Services”).
DEHN provides DEHNwork for download via a third-party provider, such as the Google Play Store (for Android devices) or the Apple App Store (for iOS devices) (hereinafter “App Stores”). To download DEHNwork from third-party providers, the customer must have an account for the respective App Store, and the corresponding conditions of the respective third-party provider apply.
Use of the Services requires that a DEHN Web Account is registered. The “General Terms of Use for DEHN Web Account and Web Applications” (“GTU”) accepted during registration of the DEHN Web Account apply exclusively to the use of the DEHN Web Account, unless specific clauses of the GTU are explicitly designated as applicable to DEHNwork in these STU. Contrary to clauses 1.2 and 1.3 of the GTU, the scope of these STU for DEHNwork is final and independent, and these STU do not supplement the GTU.
Only entrepreneurs within the meaning of § 14 BGB, i.e., natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity (hereinafter “Customer”), are entitled to register for the Services. Consumers are excluded from registration and use.
Deviating or supplementary terms and conditions of the customer only apply if DEHN has agreed to them in writing.
These STU replace all previous terms of use.
DEHN reserves the right to change these STU at any time and without giving reasons, with effect for the future. DEHN will inform its customers of changes in an appropriate manner (e.g., by email to an email address provided by the customer). Each customer has the right to terminate the DEHNwork usage contract within 4 (four) weeks after receipt of the notice of change from DEHN. If the customer does not terminate within the period mentioned above, the STU in the amended version are deemed accepted. DEHN will specifically point out the significance of the 4-week period in the change notice.
Conclusion of Contract and Registration
Registration for DEHNwork takes place after downloading DEHNwork from the App Stores and installing DEHNwork on a mobile device via the registration form provided by DEHN in DEHNwork.
The person who concludes the DEHNwork usage contract for the customer (hereinafter “registered person”) must be an employee of the customer and sufficiently authorized to conclude relevant contracts for the customer.
A prerequisite for using the Services is that the registered person has registered a DEHN Web Account.
After first opening DEHNwork, the registered person can register for the DEHN Web Account in the first step by following the registration processes for the DEHN Web Account provided in DEHNwork according to clauses 2.3 to 2.6 of the GTU. This first step establishes the usage contract of the registered person for the DEHN Web Account.
In a second step, the registered person must fill out the registration form for DEHNwork provided in DEHNwork. Once the registered person has filled out all mandatory fields and agreed to these STU on behalf of the customer, they can send the registration request for DEHNwork to DEHN. Upon receipt of the registration by DEHN, the usage contract for DEHNwork is established between the customer and DEHN.
After successful registration according to clause 2.5, the registered person is entitled to use the Services.
To avoid misunderstandings, it is clarified that no usage contract is concluded between DEHN on the one hand and registered persons on the other. The usage contract is concluded exclusively with the customer.
Use of the Services
Further prerequisites for using the Services are the download and installation of DEHNwork on an internet-enabled mobile device, on which the operating system iOS or Android, each marketable and in the version specified as minimum requirement at download, is installed, as well as compatibility of the respective mobile device model with DEHNwork (compatible mobile device models are specified at download). Use of the Services also requires an internet connection with sufficient data transfer rate.
To use the Services, the mobile device also requires a Bluetooth Low Energy interface in the version specified as minimum requirement at download (hereinafter “BLE interface”).
Another prerequisite for using the Services is that the customer and the registered person have access authorization to at least one DEHNsense EFD voltage detector (hereinafter “DEHNsense EFD”) connected to DEHNwork. To use certain DEHNwork functions, the DEHNsense EFD must be within range of the BLE interface of the mobile device.
The customer is responsible for ensuring that the technical prerequisites for access to and use of the Services are created and maintained in their area. For use of the Services, it is particularly necessary to keep the operating system of the mobile device and DEHNwork up to date. Adjustments to DEHNwork may result in older mobile devices no longer meeting DEHNwork requirements or only to a limited extent.
The customer must ensure that the data provided by their registered persons is always up to date and must carry out the necessary updates. Personal access data (such as passwords) may not be passed on to third parties and must be kept protected from access by third parties. Passwords should be changed regularly for security. If there is reason to suspect that unauthorized persons have obtained access to or knowledge of access data, the customer must inform DEHN immediately by email and change their access data immediately.
The customer is responsible for ensuring that access to DEHNwork by registered persons leaving the customer’s company or whose access authorization to DEHNwork is to end is deactivated without delay. If deactivation is not possible for technical or other reasons, the customer must inform DEHN immediately.
The customer is prohibited from misusing the Services. Misuse of the Services occurs in particular if the customer (i) provides information that is, to their best knowledge, incorrect, (ii) takes actions aimed at circumventing technical protective measures, or (iii) exceeds the agreed scope of use.
The customer undertakes not to carry out any electronic attacks of any kind on the Services. Electronic attacks include, in particular, attempts to overcome, circumvent, or otherwise disable DEHN’s security mechanisms, the use of computer programs to automatically read out data, the application and/or distribution of viruses, worms, trojans, brute force attacks, spam, or the use of other links, programs, or procedures that can damage DEHN.
The customer undertakes not to upload any unlawful, infringing, offensive, defamatory, discriminatory, inhuman, racist, anti-constitutional, sexist, glorifying violence, or pornographic content.
If the customer becomes aware of content that violates the preceding clause 3.9 of these STU, they will remove such content immediately if the content originates from their registered persons and removal is technically possible, or inform DEHN of the existence of such content.
DEHN is entitled to remove infringing content, especially those that violate clause 3.9 of these STU, as well as to restrict access to certain DEHNwork functions or to block the customer’s access to DEHNwork altogether.
The customer ensures that their registered persons take note of and comply with the provisions contained in these STU.
The customer must attribute violations of their registered persons against the provisions of these STU and other unlawful acts of their registered persons as their own unlawful acts and indemnifies DEHN against all damages and reasonable expenses arising from this.
The customer is liable to third parties for violations of third-party rights attributable to themselves and/or their registered persons directly and personally. In case of justified claims by third parties due to such violations, the customer is obliged to fully indemnify DEHN unless they prove that they are not responsible for the causative infringement. DEHN reserves the right to assert claims against the customer and/or their registered persons. The customer indemnifies DEHN against all claims asserted by their registered persons due to use of the Services.
DEHN reserves the right to continually adapt the Services to market conditions.
DEHN will inform customers in an appropriate manner (e.g., by email to an email address provided by the customer) of adjustments that significantly reduce the functionality of the Services. Each customer has the right to terminate the usage contract affected by the changes within 4 (four) weeks after receipt of the change notice from DEHN. If the customer does not terminate within the aforementioned period, the changed scope of services is deemed agreed. DEHN will specifically point out the significance of the 4-week period in the change notice.
Some DEHNwork functions require an active internet connection and are spatially limited to the receiving and sending range of the radio stations operated by the respective network operator and may be affected by atmospheric conditions, topographical circumstances, position, and obstacles (e.g., bridges and buildings). Some DEHNwork functions also require active BLE interfaces and are spatially limited to the receiving and sending range of the BLE interfaces of the mobile device and the DEHNsense EFD and may be affected by electromagnetic radiation (e.g., microwaves and fluorescent tubes), interference from other nearby wireless devices using the same frequency band, position, and obstacles (e.g., walls in buildings and metals). The functionality and operational readiness of the used mobile devices as well as the Bluetooth and/or internet and/or mobile network connection are not part of DEHN's services; the customer is responsible for these.
The right to use the Services exists only within the framework of the current and proven state of the art. DEHN reserves the right to temporarily restrict access to the Services if necessary due to capacity limits, security or integrity of the servers, or to carry out technical measures and if this serves proper or improved service provision (e.g., maintenance work). DEHN will announce temporary restrictions to the customer in an appropriate manner (e.g., by email to an email address provided by the customer and/or directly in DEHNwork).
DEHN reserves the right to use subcontractors to provide the Services.
Usage Rights
The services are protected by copyright.
Unless otherwise regulated in these STU, use of the services is permitted exclusively for the customer’s own internal company purposes. Use by affiliated companies within the meaning of §§ 15 ff. AktG is not allowed. Without prior express permission from DEHN or subject to differing regulations in the STU, the customer is prohibited from allowing the services to be used by persons other than their employees in the role of registered person, from using for third parties, offering, making accessible, publishing, or distributing them.
DEHNwork may only be used by the registered person. Use by multiple persons is prohibited.
Beyond intended use of the services, the customer is not entitled to decompile, assemble, emulate, or reproduce them.
DEHN grants the customer, with the registration confirmation according to clause 2.5, for the duration of the usage contract, the non-exclusive, non-transferable, time-limited, and non-sublicensable right to use DEHNwork according to the provisions of these STU.
Further usage rights are not granted to the customer by the registration confirmation according to clause 2.5.
Safety Instructions
The DEHNwork functions are merely intended as support or aids for the customer’s business operations and cannot replace independent examination and/or a critical judgment of the customer and the registered persons regarding correct and complete execution of the business activities supported by DEHNwork functions. DEHNwork may only be used in connection with DEHNsense EFD by an electrical specialist or a person instructed in electrical engineering (e.g., within the meaning of EN 50110-1; DIN VDE 0105-100) in/on electrical installations. Use of DEHNwork in connection with DEHNsense EFD does not replace compliance with the 5 safety rules (according to EN 50110-1; DIN VDE 0105-100). DEHNwork in connection with DEHNsense EFD represents only an additional protective measure and does not replace verification of absence of voltage at the workplace (see 3rd safety rule according to EN 50110-1; DIN VDE 0105-100). The service descriptions for DEHNwork available at https://www.dehn.de/de/detektor-dehnsense-efd and the instruction manual for DEHNsense must be observed before each use in/on electrical installations.
Fees
DEHN provides the customer with the use of DEHNwork free of charge according to the provisions of these STU.
DEHN reserves the right to charge fees for use of the services in the future. DEHN will inform its customers in good time and in an appropriate manner (e.g., by email to the address provided during registration) about the imposition of fees and provide the amended STU as well as the fee model. Each customer has the right to terminate the usage contract for DEHNwork within four (4) weeks after receipt of the change notice from DEHN. If the customer does not terminate within the aforementioned period, the STU in the amended version and the fee model are deemed accepted. The usage contract for DEHNwork will then continue subject to fees. DEHN will specifically inform the customer in the change notice about the significance of the 4-week period.
Liability
DEHN is liable without limitation in cases of personal injury, fraudulent intent, and for all damages caused intentionally or by gross negligence by DEHN’s legal representatives or vicarious agents.
Otherwise, DEHN is only liable for each breach of a material contractual obligation attributable to DEHN. Material contractual obligations are those duties whose fulfillment enables proper performance of the contract in the first place, on which the contractual partner may regularly rely, and whose violation jeopardizes achievement of the contract’s purpose. Liability for violation of such material contractual obligations is limited in total to the typical, foreseeable damage at the time of contract conclusion.
The upper limit for typical, foreseeable damage is EUR 5,000 per damage event.
Otherwise, liability of DEHN for negligently caused damages is excluded. This also applies in favor of DEHN’s legal representatives and vicarious agents.
The above liability limitations do not apply in the event of an express guarantee by DEHN or for liability under the Product Liability Act.
Strict liability for damages for defects existing at contract conclusion is excluded.
Claims for damages against DEHN as well as its legal representatives and vicarious agents generally expire one year after their occurrence. Exceptions are the cases mentioned in clause 8.1 and liability under the Product Liability Act.
Term and Termination
The usage contract runs for an indefinite period.
The customer can terminate the usage contract for DEHNwork at any time without notice.
Termination of the DEHN Web Account automatically leads to simultaneous termination of DEHNwork, without requiring a separate declaration. The usage contract for DEHNwork ends at the same time as the contract for the DEHN Web Account according to clause 8 of the GTU ends.
The customer and DEHN have the right to terminate the usage contract for DEHNwork extraordinarily without notice for good cause. Good cause exists for DEHN, especially if the customer violates a prohibition set out in clauses 3.7, 3.8, and 3.9 of these STU or significantly exceeds the granted usage rights.
Good cause within the meaning of clause 9.4 also exists for DEHN if the customer, registered person, or an employee of the customer is listed on an official sanctions list or if DEHN’s service provision is opposed by a country embargo or other sanction.
Good cause within the meaning of clause 9.4 also exists for DEHN if DEHN is not permitted to have a contractual relationship with the customer due to internal compliance guidelines. This is the case, for example, if the customer is based in a country where the Corruption Perceptions Index of Transparency International falls below the minimum allowed by internal compliance guidelines (ranking lower than rank 91).
Terminations by the customer are to be declared using the settings provided in the services or – if such settings are not available – by uninstalling DEHNwork by the registered person.
Upon effectiveness of the termination, the customer’s access will be deactivated and all data deleted.
In the event of significant breaches of obligations incumbent on the customer as well as justified significant suspicions of a significant breach, DEHN is entitled to block the services for the customer and their registered persons. DEHN informs the customer of the reason for the blocking in an appropriate manner (e.g., by email to the address provided during registration). The block continues until the breach is remedied and/or the customer has credibly assured the cessation of future breaches. The right to extraordinary termination by DEHN remains unaffected by the possibility of blocking.
DEHN reserves the right to discontinue the infrastructure behind the services and the services themselves. DEHN will notify the customer at least 6 (six) months in advance about such discontinuation in an appropriate manner (e.g., by email to the address provided during registration).
Data Protection
When using the services, DEHN collects and processes personal data of the registered persons acting as or for the customer. Data processing takes place in accordance with the DEHNwork Data Protection Policy.
Final Provisions
The law of the Federal Republic of Germany applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from and due to the use of the services is Nuremberg. DEHN is also entitled to sue at the registered office of the customer. Mandatory legal provisions, especially regarding exclusive jurisdictions, remain unaffected.
Should individual provisions of the STU be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision must be replaced by a provision that most closely reflects the economic sense and purpose of the invalid provision.
Amendments and additions to these STU must be in writing to be effective. This also applies to a change of this written form clause. No oral or written collateral agreements have been made.