progros ORDER App - terms of service
1.1. Any and all use of the application (in the following „app“) offered by progros GmbH (in the following „progros“) is permitted exclusively in accordance with the present terms and conditions. In individual instances, these General Terms of Service may be supplemented, modified or replaced by other terms and conditions. By commencing use, the validity of the present Terms of Service in their respectively valid version is accepted.
1.2. If the app is aimed at business enterprises, the respective business enterprise shall be represented by the user and the actions and knowledge of the user shall be attributable to the business enterprise.
2.1. progros provides functions of the order approval workflow in the app as well as related information and documentation (such as histories) as already known in progros ORDER.
2.2. progros is entitled to discontinue the operation of the app in whole or in part at any time. Due to the nature of the Internet and computer systems, progros cannot guarantee the uninterrupted availability of the app.
3. Registration, Password
3.1. The use of the app requires username und password. Currently, it is not planned to register via the app or to create a user account. The access data are currently based on the access data for progros ORDER and are accordingly identical.
3.2. Using the app requires a user right within your existing user account. It’s possible that you will not be able to sign in into the app although you have an active user account.
3.3. For questions or problems using your user account or signing in into the app, please contact the customer support.
4. Rights to use functions, information and documentation
4.1. The use of the information and documentation provided within the app are subject to the contractually conditions that were agreed separately.
4.2. progros grants the user a non-exclusive and non-transferrable right to use the information, software and documentation made available in the app to the extent that has been agreed, or if nothing was agreed, in a manner that corresponds to the purpose pursued by progros in the act of providing and making available.
5. Intellectual property
5.1. Notwithstanding the special provisions of Article 4 of the present Terms of Service, the information, brand names and other contents of the app may not be modified, copied, duplicated, sold, leased, used, supplemented or otherwise exploited without the prior written consent of progros
5.2. Apart from the usage rights or other rights granted expressly to the user in the present Terms of Service, no further rights of any kind, particularly not rights to the company name and industrial property rights such as patents, registered designs or trademarks are granted to the user, nor is progros obligated to grant any such rights.
5.3. To the extent that the user makes ideas and suggestions on the app, progros shall be entitled to use them free of charge for purposes of developing, improving and selling products from its portfolio.
6. Obligations of the user
6.1. When using the app, the user may not
- infringe morality with his or her usage behaviour;
- infringe industrial property rights, copyrights, personal, property and other third party rights;
- transmit contents containing viruses, so-called Trojan horses or other programs that can damage software;
- enter, store or send hyperlinks or contents without authorization to do so, particularly when these hyperlinks or contents violate confidentiality obligations or are unlawful; or
- distribute advertising or unsolicited emails (so-called “spam”) or false warnings of viruses, malfunctions or the like, or invitepeople to participate in sweepstakes, Ponzi schemes, chain letters, pyramid schemes or comparable actions.
6.2. progros is entitled to block access to the app at any time, particularly if the user will have violated his obligations under the present Terms of Service.
The app may contain hyperlinks to third-party websites. progros assumes no responsibility for the content of these websites and does not espouse these websites or their contents, because progros does not control the linked information and is also not responsible for the contents and information made available there. The user uses such websites at his own risk.
8. Liability, viruses
8.1. Any liability of progros, particularly for but not limited to consequential damages, is excluded, unless liability is compulsory by reason of, for example, the German Product Liability Act, or due to deliberate intent, gross negligence, or injury to life, body or health, or the assumption of a guarantee of quality, or fraudulent concealment of a defect, or violation of material contractual obligations. However, damages for the violation of material contractual obligations are limited to typical, foreseeable contractual and proven damages, except in cases of deliberate intent or gross negligence.
8.2. Although progros always strives to keep the app free of viruses, progros does not guarantee the absence of viruses. Before downloading, the user should take appropriate security precautions and scan for viruses, for his own protection and to prevent viruses on the app.
8.3. The foregoing provisions of Articles 8.1 and 8.2 do not entail a shift in the burden of proof to the disadvantage of the user.
9. Data protection
10. Side agreements, jurisdiction and venue, applicable law
10.1. Side agreements require written form.
10.2. The courts of Frankfurt have jurisdiction and venue.
10.3. The app is operated by and is the responsibility of progros . The app is geared to meet the requirements of the respective country in which the responsible country is domiciled (Germany). Progros assumes no responsibility that provided functions and information of the app may also be used in places outside of the respective country or contained information may be retrieved. If users access the app from places that do not lie within the respective country, they are themselves exclusively responsible for complying with the applicable legal regulations of the respective country. Access and use of the app from countries in which such access is unlawful is not permitted.
10.4. German law applies, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.