Terms of use NOVOFERM

Stand: 02/2024

PLEASE LET THEM WORK THROUGH THESE NUTZUNGSBEDINGUNGEN WITH CARE.

These terms of use govern the use of the registration-free "Websites":
www.novoferm.de	www.novoferm.com	www.novoferm.at
www.novofermalsal.com	www.novoferm.dk	www.novoferm.cz
www.novofermindustrie.be	www.novoferm.be	www.novoferm.it
www.novoferm.pl	www.novoferm.bg	www.novoferm.fr
www.novo ferm.ch	www.novoferm-romania.ro	www.novoferm.nl
www.novoferm.co.uk	www.novoferm.hu	www.novoferm-sweden.se
www.tormatic.de	www.tst-deutschland.de	www.siebau-cargotore.com
including its subpages ("Websites")

and

the following "Online Services":
NOVOFERM Extranet, NOVODOCU, NOVOSALES, NOVOSITE, NOVOREPORT
NOVOFERM lead management system and SAP webshop (regardless of the type of accessibility including web or mobile applications provided).
Your contractual partner is NOVOFERM GmbH, Schüttensteiner Straße 26, 46419 Isselburg (hereinafter referred to as "NOVOFERM", "we", or "us").

Note:

These Terms of Use have a modular structure. They consist of a general part (Section A.), which contains general provisions on the online services that are applicable regardless of the service package selected by the user. In addition, there is a special section (Section B.), which contains separately applicable provisions for each individual online service.

These sections only apply if the user uses the corresponding online service. Subsequently (Section C.), the terms of use for the registration-free websites can be found.

Finally, these Terms of Use contain a contract for order processing (Annex 1), which is concluded when using the NOVOSITE and NOVOREPORT online services and is only made accessible during registration.

A. General part of the Terms of Use of the Online Services

1. registration and NOVOFERM account

1.1	By registering with an online service, you agree to this general section of the Terms of Use and the special section of these Terms of Use relating to the online service.
1.2	Registration is only permitted for entrepreneurs based within the European Economic Area ("EEA") and Switzerland. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity. Use for private purposes is not permitted.
1.3	The data requested by NOVOFERM during registration must be complete and correct, e.g. first and last name, current address, a valid e-mail address and the associated company. The address must not be a PO box.
1.4	If there is a change in the data provided after registration, you are obliged to inform NOVOFERM of the changes immediately.
1.5	The NOVOFERM account is an account of the registered company and is not transferable. For information on how to access the account (login), see section 4.1.
1.6	To use the online services via the mobile app (if provided), the app must be downloaded and installed from the app store. You must have an account with the app store for this. To receive push notifications or other adverts in the app, you must set the app to send you messages when you install it.

2. rights of use

2.1	The Online Services are protected by copyright and all copyrights and other property rights thereto, in particular trademark and patent rights, shall remain with NOVOFERM, unless rights of use are expressly granted below.
2.2	For the duration of the licence agreement, you are granted the non-exclusive, non-transferable right, limited in time to the term of the agreement, to use the Software as a Service (SaaS) services of NOVOFERM web browser-based or mobile (if provided). This also applies to any updates (new versions of the online services without new functionality) or upgrades (new versions of the online services with additional functionality) provided by NOVOFERM during the term of the contract. Furthermore, you are granted the right to install the Online Services within the scope of their respective availability and to the extent provided by us in each case on a mobile end device supported by the app, i.e. smartphone or tablet, which is owned by you or is legally subject to your power of disposal, and to use it exclusively in accordance with these Terms of Use.
2.3	You are granted the right to reproduce the online service provided, insofar as the respective reproduction is necessary for the use of the online service by you (e.g. when downloading, installing the app on the end device, loading the app into the working memory of the end device). You are not authorised to reverse engineer, decompile or disassemble the programme code of the online service or to determine the source code in any other way or to use it for a purpose other than the contractual use of the respective online service. § Section 69e UrhG remains unaffected.
2.4	You are authorised to use the functionalities of the Cloud Service by means of the respective Online Service, but do not receive any copyright usage rights to the software used by us to provide the Cloud Service.

3. rights of use to the content of the online services

For content contained in the online services, such as brochures, technical documents, terms of use and terms and conditions, the following applies in addition to Section 2:

3.1

Insofar as NOVOFERM makes content available for download in the Online Services, the use and forwarding of such content is permitted and expressly authorised within the scope of contractual use. NOVOFERM grants you a non-exclusive right of use for internal educational purposes on condition that a copyright notice appears on all copies and that the content, documents and illustrations are not altered and illustrations are only used together with the associated text.

3.2

Texts, illustrations, film works and photographs published in the online services and via the integrated YouTube channel are subject to the rights of the respective author and an exclusive right of use by NOVOFERM. Any use beyond the aforementioned authorisation is prohibited.

4 General user obligations

Registering with the online services

4.1	All user accounts are individualised and may only be used by authorised users. You are obliged to keep your login data secret and to protect it from unauthorised access by third parties. You are also responsible for maintaining the confidentiality of employee logins and will instruct your employees accordingly. You are responsible for ensuring that your employees use the online services in accordance with these terms of use. In the event of suspected misuse by a third party, you will inform NOVOFERM immediately. As soon as NOVOFERM becomes aware of the unauthorised use, NOVOFERM will block the user access. NOVOFERM reserves the right to change or deactivate the login data of a user or an employee of the user; in such a case, NOVOFERM will inform you immediately.
4.2	The workstation and the end devices used must be protected against unauthorised access. If several persons use the terminal device, the sole authorised access of the registered person must be ensured by suitable technical or organisational measures. The online service must be logged off after each use.
	Rights of third parties
4.3	When using the Online Services, you are obliged to observe all applicable legal provisions and laws, as well as the rights of third parties. In particular, you are prohibited from the following: (a) Using content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being authorised to do so, (b) Use of offensive or defamatory content, regardless of whether this content concerns other users or other persons or companies; (c) use of pornographic, violent, abusive, immoral content or content that violates the laws for the protection of minors or advertising, offering and/or distribution of goods or services that are pornographic, violent, abusive, immoral or violate the laws for the protection of minors; (d) unreasonable harassment of other users, in particular through spam or unauthorised advertising (cf. Section 7 of the Unfair Competition Act - UWG); (e) undertaking or promoting anti-competitive or other illegal activities.
4.4	You must take all appropriate and up-to-date measures to prevent data containing malware, such as viruses or Trojans, from entering the Online Services. In particular, all data uploaded by you to the Online Services must be checked for malware in advance using an up-to-date virus scanner. Damaged data or data infected with malware may not be uploaded to the Online Services.
	Upload function
4.5	In order to be able to use the upload function, the files must be in the file formats supported by the respective online service (including "img", "jpeg", "pdf", "xlsm"). It is prohibited to use copyrighted material without the author's consent. It is forbidden to upload image data with prohibited or immoral content. If a third party can claim exclusive use of the image data (panorama protection rights of third parties), uploading and editing is only permitted with the consent of the authorised user. Furthermore, personal data may only be uploaded to the online services within the framework of the applicable laws, in particular the European General Data Protection Regulation ("GDPR").
4.6	When uploading documents, incompatibilities, e.g. due to macros, formulas or other customisations you use in the upload files, can never be completely ruled out. You are obliged to carry out a document export for test purposes immediately after uploading and to check compatibility. In the event of incompatibilities, you are obliged to stop using the uploaded document and to contact NOVOFERM.
4.7	You grant NOVOFERM the right to use the content uploaded by you or your employees as part of the use of the online services for the duration of the contract in the manner required for the fulfilment of the contract, i.e. in particular to store, reproduce and keep it available for storage in the database, for retrieval by you and for the elimination of faults
	Breaches of general user obligations
4.8	Insofar as the possibility is granted to publish user content in the Online Services, NOVOFERM reserves the right to delete content that violates these Terms of Use, in particular if this content violates applicable law.
4.9	NOVOFERM is not obliged to actively monitor user content and therefore accepts no liability in this respect. Should NOVOFERM become aware of violations or be made aware of them by third parties, NOVOFERM will examine the allegations and, if necessary, take further measures in accordance with these Terms of Use.

5. data protection

5.1	The security of your data, especially personal data, is our top priority. As a service provider based in the EEA, we comply with the data protection regulations that apply to us, in particular the rules of the GDPR. The technical and organisational measures we have taken meet the high standards required by the GDPR.
5.2	You are responsible for the processing of your personal data when using the NOVOSITE and/or NOVOREPORT online services in accordance with the rules of applicable data protection law (in particular those of the GDPR, where applicable). For this reason, when you register for NOVOSITE and/or NOVOREPORT, you conclude an order processing agreement with us pursuant to Art. 28 GDPR in accordance with Annex 1 of these Terms of Use (Additional Agreements on Order Processing). This will be made available to you as part of the registration process. If you are subject to different or additional obligations under the law applicable to you, you are obliged to ensure that the admissibility requirements under the law applicable to you are also met before using the online services for processing data.
5.3	We would like to point out that you must provide the data subjects whose personal data you process via the online services with data protection notices in accordance with Art. 13, 14 GDPR and that data processing via the NOVOSITE and NOVOREPORT online services must also be taken into account. You can find more information on data processing using the online services in our privacy policy, which you can view on our websites at any time.
5.4	You can obtain further information from our data protection officer at datenschutz@novoferm.com.

6. third party websites/links from third parties

The Online Services also contain links or references to databases, websites, services, etc. of third parties. NOVOFERM is not liable for the accessibility, existence, content or security of these databases, websites or services. NOVOFERM is not responsible for data protection, content, links, changes or updates to third-party websites.

7 Duration, cancellation and blocking of the contract of use

7.1	The licence agreement for the online services is concluded for an indefinite period of time
7.2	You may terminate the respective licence agreement at any time. NOVOFERM may terminate the respective licence agreement at any time without giving reasons by giving 14 days' notice to the end of the month.
7.3	The cancellation must be addressed to NOVOFERM GmbH, Schüttensteiner Straße 26, 46419 Isselburg. In the event of cancellation by NOVOFERM, you will receive a cancellation notice by e-mail to the e-mail address stored in your customer account.
7.4	The right to temporary blocking remains unaffected by Section 7.3.
7.5	NOVOFERM is also entitled to terminate the contract of use with you without notice for good cause and to terminate your access to the Online Services. Good cause exists in particular if: (a) the fulfilment of the contract of use becomes legally or actually impossible or economically unreasonable for reasons for which we are not responsible; (b) you repeatedly violate your contractual obligations (in particular these Terms of Use or the Privacy Policy) despite prior warning; or (c) you have infringed the rights of third parties.
7.6	You are obliged to download all data from your account and delete it from the Online Services before the end of the licence agreement.
7.7	If the licence agreement ends, access to your data is no longer possible.
7.8	In addition, NOVOFERM may temporarily restrict the use of the Online Services if there are sufficient indications that you are violating these Terms of Use, the Privacy Policy or applicable law when using the Online Services. You will be given the opportunity to comment in advance, unless there are compelling reasons to the contrary.

8. display quality, technical requirements for using the online services

8.1	To use the online services, you need a terminal device, the app or an Internet browser and, if necessary, an Internet connection. You are responsible for creating the necessary technical requirements. Details of the hardware and software requirements for the Online Services can be found in the respective instructions for the Online Services. We recommend that you check the compatibility of the Online Services with your end devices before registering.
8.2	The hardware and software requirements for using the Online Services may also change, in particular due to the constant development of information technology (e.g. standard Internet browsers). It is therefore possible that in the course of time you will have to adapt the hardware and/or software used to utilise the Online Services to such changed requirements.
8.3	You are authorised and obliged to regularly back up your data processed in the Online Services yourself with the care of a prudent businessman. In the context of NOVOSITE and NOVOREPORT, this is possible in particular by exporting to MS Excel or as a PDF. We shall only be liable to a limited extent for the loss of data in accordance with Section 11 of these Terms of Use.
8.4	Errors may occur during the digitisation of data. The use of different Internet browsers and individual software settings may result in deviations in the display of content. For this reason, NOVOFERM accepts no liability in the event of malfunctions, interruptions, transmission errors or any failure of the online services. Likewise, no guarantee is given for the information provided in the online services, which is still subject to independent verification by the user.

9. availability

9.1	We provide the online services with reasonable availability at the network exit point of the data centre used by us ("transfer point"). We assume no responsibility for the telecommunications connection between the transfer point and the end devices used by you. In particular, we do not guarantee the availability of the general Internet. You are responsible for connecting your end devices to the Internet.
9.2	You are only entitled to use the online services and their functions within the scope of the current state of the art. Temporary restrictions may result from technical faults such as power supply interruptions, hardware and software errors, etc. NOVOFERM reserves the right to temporarily restrict the services if this is necessary with regard to capacity, server security and for the implementation of technical measures.
9.3	In order to carry out work on the system, there are scheduled maintenance periods during which certain functions may not be available or only available to a limited extent. This maintenance work is necessary to maintain the security and integrity of the servers and to avoid serious disruptions to the software or the loss of stored data.
9.4	NOVOFERM reserves the right to remove, terminate, extend or restrict individual content, information, data, functions, etc. of the online services at any time. NOVOFERM is authorised to carry out updates at its own discretion. There is no entitlement to the implementation of a change or update.

10 Warranty for defects

10.1

We only warrant that the Online Services will have the essential characteristics agreed in accordance with these Terms and Conditions and the product descriptions during the term of this contract. No quality other than that agreed herewith is warranted. You bear the risk that the Online Services are suitable for your intended use. Sentence one remains unaffected by this. We are not responsible for operating errors and for errors due to IT systems used by you that are inadequate in accordance with Clause 8.

10.2

You are obliged to notify us immediately of any defects in the Online Services and any faults occurring during their use. Insofar as the fulfilment of our contractual obligations has become impossible or significantly more difficult due to a missing or delayed report on your part, we shall be released from our obligation to perform.

11. liability

11.1	We shall only be liable - irrespective of the legal grounds - for intent and gross negligence as well as for injury to life, limb or health resulting from an intentional or negligent breach of duty on our part or on the part of our vicarious agents as well as in the event of fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an item.
11.2	Our liability is otherwise excluded.
11.3	Insofar as our liability is excluded, this exclusion shall also apply in favour of our vicarious agents, legal representatives and the personal liability of our employees.
11.4	Individual tolerance ranges, suggested dimensions or other recommendations displayed in the Online Services may not correspond to the fire protection standards applicable in your country. Only the approvals, assembly instructions, declarations of performance or other specifications applicable in your country for the corresponding building element are authoritative. Please refer to the technical documentation for the respective product for the exact permissible tolerances or other specifications.

12. exemption

Registration for online services

12.1

If a third party asserts claims against NOVOFERM that are based on the alleged infringement of its intellectual property rights by your use of the Online Services, you are obliged to defend us against the claims of the third party as described in this Section 12 and to indemnify us against them. This does not apply if you are not responsible for the claim.

12.2

You shall assume at your own expense the legal defence against such third-party claims and you shall reimburse us for the expenses incurred by us as a result of a legally effective judgement or a judicial or extrajudicial settlement.

12.3

In this context, we undertake to

(a) to inform you immediately of the assertion of the corresponding claim by the third party and
(b) to leave the sole legal defence against these claims to you. Insofar as we are unable to transfer the legal defence completely, we will instead grant you control over the legal defence to a reasonable extent and will only act in agreement with you in settlement negotiations.
(c) We will support you to a reasonable extent in the preparation and legal defence or settlement negotiations.

13. final provisions

13.1	All legal issues in connection with this licence agreement, including its conclusion, shall be governed exclusively by German law to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2	The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the NOVOFERM applications and/or these Terms of Use shall be the registered office of NOVOFERM GmbH in 46419 Isselburg (BOCHOLT District Court/MÜNSTER Regional Court). This also applies to disputes concerning tortious or other non-contractual claims. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.
13.3	These Terms of Use conclusively contain the terms and conditions applicable between NOVOFERM and you for the services described in the context of the use of the Online Services. Deviating provisions shall only apply if NOVOFERM has expressly confirmed them.
13.4	The Terms of Use shall apply in the following order: At the first level of validity are the special provisions relating to the individual Online Services. The general terms of use of the online services are at the second level of validity. If there is a contradiction between regulations at the same hierarchical level, the more specific regulation shall apply. If you use the mobile applications of NOVOSITE and/or NOVOREPORT, the Additional Agreement on Order Processing according to Annex 1 shall take precedence over the first level of validity.
13.5	NOVOFERM reserves the right to amend these Terms of Use, including Annex 1, at any time and to make further use dependent on consent to the amended Terms of Use.
13.6	Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

B. Special section of the Terms of Use

14 Supplementary Terms of Use for the NOVOFERM Extranet

14.1	The following terms and conditions govern the provision and utilisation of the additional information and services made available to the user on the NOVOFERM extranet (including: www.novoferm-extranet.de, www.NOVOFERM-händler.de; www.NOVOFERM-architekten.de; www.NOVOFERM-handwerker.de). They apply in addition to - and in the event of contradictions take precedence over - the provisions of the General Section of these Terms of Use.
14.2	Use of the NOVOFERM Extranet is exclusively available to users who have registered for one of the three user groups (dealers, architects/building planners and tradesmen/fitters) of the NOVOFERM Extranet in accordance with Clause 1.
14.3	You undertake not to set any direct hyperlinks, so-called "deep links", or similar, which represent a direct link to the NOVOFERM extranet. You also undertake not to frame other websites.
14.4	The NOVOFERM extranet may only be accessed, used or downloaded by means of manual, individual and independent search and download activities. Data and information from the NOVOFERM extranet may only be made available in electronic form to the specific user himself. You may not disclose the data and information from the NOVOFERM extranet to third parties in electronic form.
14.5	The price lists provided on the NOVOFERM extranet may not be passed on to third parties.

15 Supplementary Terms of Use for NOVODOCU

15.1

The following terms and conditions govern the provision and utilisation of the additional information and services made available to the user on the NOVOFERM extranet. They apply in addition to - and in the event of contradictions take precedence over - the provisions of the General Section of these Terms of Use and the supplementary provisions to the NOVOFERM Extranet.

15.2

User groups registered on the NOVOFERM extranet have the option of using a mobile application (NOVODOCU) to access the NOVOFERM documents published on the extranet, download them and forward them to other persons. Use of the mobile application is subject to the restrictions on access, access to and dissemination of documents in accordance with these terms of use. It ends automatically when access is blocked or cancelled.

16 Supplementary Terms of Use for NOVOSALES

General information

16.1

The following terms and conditions govern the provision and utilisation of the additional information and services made available to the user in NOVOSALES. They shall apply in addition to - and in the event of contradictions take precedence over - the provisions of the General Section of these Terms of Use.

Registration with NOVOSALES

16.2	The use of NOVOSALES is only available to you if you have registered for NOVOSALES in accordance with Section 1.

Use of the order function on the NOVOSALES trading platform

16.3	Our product range is presented to you on the pages of the online shop via a configurator programme. Products can be selected from this range of goods, placed in a virtual shopping basket and sent as an order subject to the general terms and conditions of the named sales company (your contractual partner). The range of goods includes products from the NOVOFERM Group's product range together with equipment and accessories.
16.4	The information provided with the respective products serves to describe the product. If you have any queries regarding the intended use, our staff will be happy to assist you. Please do not order until all questions have been clarified.
16.5	When you place an order, an enquiry is generated in your user account informing you of the current status of your order.

Use of the quotation function from the NOVOSALES trading platform

16.6	As with ordering, you can use the configurator of the trading platform to create your own quotations for your customers, send them directly to your customers using the integrated e-mail dispatch function and save the drafts and quotations
16.7	When using the e-mail function, strict compliance with these terms of use must be observed. All correspondence must be conducted in a polite and professional manner by all users. The customs of construction site business must always be observed. In the event of complaints from other users and addressees regarding communication, a user or co-user may be blocked for a limited period of time or for specifically affected orders. Your access authorisation can be permanently deleted if the breach of the terms of use is repeated.
16.8	When configuring and sending your offers, please observe the exclusions of liability and limitations of these Terms of Use, including in section 11 of these Terms of Use. NOVOFERM accepts no liability for input errors and the content of the offer created with the help of the service. In your own interest, please check the content and completeness of your quotation carefully before sending it to your customer.

17 Supplementary Terms of Use of NOVOSITE

17.1	The following terms and conditions govern the provision and utilisation of the additional information and services made available to the user in NOVOSITE. They shall apply in addition to - and in the event of contradictions take precedence over - the provisions of the General Section of these Terms of Use.
17.2	By registering with NOVOSALES, you have the opportunity to use the web or mobile application of NOVOSITE after prior activation.
17.3	NOVOSITE enables you to create order and position data in accordance with these Terms of Use by uploading the door lists and associated floor plans and other plans or order documents that you have created or exported from NOVOSALES/SAP.
17.4	The mobile application may only be actively used if a risk to the user himself or to other persons can be ruled out.
17.5	NOVOSITE is used in particular to record Novoferm products for the planning, processing and documentation of construction projects. The registration of competitor products from Novoferm via NovoSite is prohibited. Competitor products are products that can be used instead of Novoferm products from the client's point of view.

18 Supplementary Terms of Use for NOVOREPORT

18.1	The following terms and conditions govern the provision and utilisation of the additional information and services made available to the User in NOVOREPORT. They shall apply in addition to - and in the event of contradictions shall take precedence over - the provisions of the General Section of these Terms of Use.
18.2	By registering with NOVOSALES, you have the option of using the NOVOREPORT web or mobile application after prior activation.
18.3	NOVOREPORT enables you to access the order and position data already stored in NOVOSITE in accordance with these Terms of Use and to upload further door lists and associated floor plans and other plans or order documents created by you or exported from NOVOSALES / SAP.
18.4	The mobile application may only be actively used if a risk to the user himself or to other persons can be ruled out.

19 Supplementary terms of use for the NOVOFERM lead management system

19.1	You can only use the NOVOFERM lead management system if you have registered for the NOVOFERM lead management system in accordance with Section 1.
19.2	Direct contact with prospect addressees is prohibited.
19.3	You are obliged to file a brief report on the processing of enquiries in the NOVOFERM lead management system.

20 Supplementary Terms of Use for SAP Webshop

20.1	The following terms and conditions govern the provision and utilisation of the additional information and services made available to the user in the SAP Webshop. They apply in addition to - and in the event of contradictions take precedence over - the provisions of the General Section of these Terms of Use.
20.2	Use of the SAP Webshop is only available to you if you have registered for the NOVOFERM Extranet in accordance with Clause 1.
20.3	Our product range is presented to you on the pages of the SAP Webshop. Products can be selected from this range of goods, placed in a virtual shopping basket and sent to the respective sales company as an order subject to the general terms and conditions of the respective sales company. The range of goods includes products from the NOVOFERM Group's product range together with equipment and accessories.
20.4	The information provided with the respective products serves to describe the product. If you have any queries regarding the intended use, our staff will be happy to assist you. Please do not order until all questions have been clarified.
20.5	When you place an order, an enquiry is generated in your user account informing you of the current status of your order.

21 Supplementary Terms of Use with regard to the Apple App Store

If you use the Online Services as a mobile application and download it from the App Store of Apple Inc, One Apple Park Way, Cupertino, California, USA, 95014 ("Apple"), the following terms and conditions also apply exclusively to the use of the mobile application.

21.1	Apple is expressly not a party to these Terms of Use and accordingly is not responsible for the Mobile Application and its content.
21.2	If and to the extent that maintenance or technical support is required by law, NOVOFERM and not Apple shall be solely responsible for this.
21.3	The use of the mobile application is only permitted on an Apple product which the user owns or controls and insofar as the general terms and conditions of the App Store permit use.
21.4	If the Mobile Application fails to conform to any applicable warranty or guarantee, the User may notify Apple and Apple will refund to the User the purchase price of the Mobile Application, if any, and, to the maximum extent permitted by applicable law, Apple makes no other warranties or guarantees with respect to the Mobile Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any breach of warranty shall be the sole responsibility of NOVOFERM.
21.5	NOVOFERM, and not Apple, is solely responsible for the handling and assertion of claims in connection with the Mobile Application or the possession and/or use of the Mobile Application by the User. The same applies to the investigation, defence, settlement and discharge of third-party claims for potential infringement of third-party intellectual property rights. Such claims are not to be asserted against Apple.
21.6	You represent and warrant that (i) you are located in a country that is not subject to a U.S. Government embargo, or that has not been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
21.7	Both Apple and its subsidiaries are third party beneficiaries of the terms of use applicable to the Apps offered in the App Store. Apple is granted the right (and is deemed to have accepted the right) to enforce against the User the terms of use applicable to the Apps offered in the App Store after the conclusion of the Agreement.

C. Terms of use for the registration-free websites

By using the registration-free websites, you agree to the following terms of use. Use of the websites is only permitted on the basis of these terms of use.

22.	Rights of use to content If you download content from the login-free areas of the websites, section 3 of the general section of the Terms of Use for Online Services applies accordingly.
23.	Data protection As a service provider based in the EEA, we comply with the data protection regulations applicable to us, in particular the rules of the GDPR. The technical and organisational measures we have taken meet the high standards required by the GDPR. You can find more details in our privacy policy, which you can view at any time on our websites
24.	Third-party websites/links from third parties If we refer to third-party websites or provide links from third parties on our registration-free website, section 6 of the general section of the Terms of Use for Online Services applies accordingly.
25.	Liability We are only liable in accordance with section 11 of the general section of the Terms of Use for Online Services.
26.	Final provisions Finally, section 13 of the general part of the Terms of Use for Online Services applies accordingly, with the exception of section 13.4.