1. general
Thank you for choosing a product from Roth Werke GmbH (hereinafter only "Roth").
You can reach us via the following contact details:
Roth Werke GmbH
Am Seerain 2
35232 Dautphetal-Buchenau
Telephone: (+49) 64 66 / 9 22-0
Fax: (+49) 64 66 / 9 22-1 00
Internet: www.roth-werke.de
E-mail: service(at)roth-werke.de
The following Terms of Use apply to the Roth Information Assitant "RIA" app (hereinafter only "App" or "Service") offered and operated by Roth. They also apply to the use of the App on mobile devices.
By using the App, a usage agreement is concluded between you as the user and us in accordance with the following Terms of Use. By downloading and using the app, you agree to the validity of these terms of use, which then become part of the user agreement. Any provisions deviating from these Terms of Use shall only come into effect within the scope of the User Agreement if we expressly agree to the deviation. A failure on our part to object does not lead to the validity of deviating regulations (in particular general terms and conditions).
Insofar as the app contains software components to which third party rights exist, the license conditions of the rights holder shall apply with priority. The open source licenses and related information can be viewed in the app under Settings, "Licenses".
2. Authorization of use
Anyone who has reached the age of 16 is entitled to use the app.
In particular, our App is not intended for persons living in countries where the retrieval of the content offered in the App is prohibited by law, and each user is responsible for compliance with the retrieval restrictions applicable in his or her country.
3. services offer
The App is downloadable and usable free of charge.
The app offers its users the following functions
System and product information for Roth surface heating and cooling systems
System finder for displaying installation heights (sectional views)
Within the scope of the non-registered use of the app, we do not offer any individual consulting or support or mediation services. In this respect, we merely provide an informational platform that informs you about us and our products.
If you are a tradesman and register for the tradesman area of the app, the app also offers you the following functions
Contact function (chat) to the assigned Roth sales representative
Filling out and submitting inspection reports
We are always striving to operate the app in a functionally appropriate manner. We do not owe a continuous function of the App or the usability of the information offered for specific purposes and we do not guarantee this.
4. Data protection and data security
The protection of your data is very important to us. We have therefore prepared a privacy policy that provides you with a quick or a detailed insight into the data processing carried out by the app, as you wish. Please take note of the privacy policy, which you can view in the app under Settings, "Privacy Policy".
As part of our privacy policy, we also inform you about the data security measures we use to protect your data stored in the app, content as well as your communication conducted via the app from access by unauthorized third parties. Despite all security measures, we cannot rule out the possibility of third parties gaining access to such data via malware or other circumstances. Therefore, entering data and publishing information is always at your own risk.
Our app as well as the related services are hosted by a service provider commissioned by us on servers rented by us in Germany. In particular, the app does not refer to offers, products or services of third parties.
Insofar as you enter personal data of third parties into our app or communicate via the chat function in the course of using our app and are not acting exclusively in the exercise of personal or family activities, this may constitute a data processing operation that falls within the scope of the GDPR. As a result, you as a user are the "controller" of the data processing pursuant to Art. 4 No. 7 DSGVO.
We ultimately have no influence on whether and in what form you enter or communicate personal data when using our app. As a host provider, we merely provide our members with the technical framework for using the app and therefore assume that the user is singularly responsible.
If, contrary to our opinion, (joint) responsibility under data protection law should arise on our part, the following regulations shall apply. In this case, you assume primary responsibility for the data processing required by us in connection with the operation of the app. You will fulfill the obligations incumbent on the data controller pursuant to Art. 12, 13; 15-22 and 32-34 DSGVO and inform the data subject in particular about the data processing operations in connection with our services (https://www.roth-werke.de/de/roth-datenschutz-fuer-app.htm) and the existence and content of this co-responsibility regulation. Insofar as we store personal data within our IT infrastructure, we ensure the security of the processing in accordance with Art. 32 DSGVO. If a data subject, a data protection authority or a consumer protection association or a comparable association makes inquiries or claims against us based on the processing of personal data that you entered into the app, you will support us in processing inquiries and indemnify us internally against claims.
5. user obligations
You are obliged not to violate contractual provisions or applicable law when using our app. Within the scope of this, you undertake in particular not to enter any content in our app or distribute it via our app that violates the rights of third parties (e.g. copyrights, patent and trademark rights, but also personal rights) or that violates the applicable criminal laws and youth protection regulations. Therefore, you may not distribute any content via our app that is offensive, racist, pornographic, or political or extremist in context.
Furthermore, you may not distribute any advertising content about yourself or third parties.
When using our app, you comply with the applicable data protection and data security regulations. You will regularly check your end devices and the requests and queries sent from your end devices to our servers for malware or other security vulnerabilities. If you identify any indications of the presence of malware or security vulnerabilities, you will immediately stop using our app and inform us immediately, stating your findings. For this purpose, we provide you with the following e-mail contact option (ria@roth-werke.de).
6. impermissible types of use
The uses of the App described below are impermissible. You undertake not to carry out or have carried out any of the following activities within the scope of using our App.
The use of automated processes such as bots or scripts to collect, monitor or evaluate registration or usage data of our users is prohibited. It is also prohibited to test the vulnerability of the security or authentication procedures of our app. It is also prohibited to use any procedures that impair or could impair the availability, integrity or authenticity of our services. Also prohibited is the use of measures that manipulate the identification of a message of our Services.
7. Copyright - Rights of use of content provided by us
The content published by us in our app (esp. product information and documents, warranty certificates in image, text or video format) is protected by copyright. Users may use the content for commercial purposes subject to the following parameters:
8. Copyright - Rights of use to content provided by you
Insofar as you include your own content in the app (data, text material, audio, photo or video material), you declare that you own the necessary copyright and other rights to this content. If graphical content depicts natural persons not only as an accessory, you also declare that the depicted persons agree to the publication of the images in our app. If the person depicted is under 18 years of age, you further declare that all legal guardians agree to a publication of the content in our app.
Furthermore, by entering the content, you grant us a simple, transferable right of use to the content that is unrestricted in terms of time and space, although the content of this right is limited to the types of use required to operate the app. Within this framework, we may generally reproduce, edit, publicly reproduce or make accessible and broadcast the content entered and delete it at any time after prior notice.
9. Release due to user behavior in breach of duty
You agree to indemnify us from any liability and all costs, including legal fees for legal defense as well as possible and actual costs of legal proceedings as well as any administrative fines set or to be set by a court, if claims are asserted against us by third parties because you have violated the rights of third parties in culpable violation of your legal duties or the duties arising from this agreement. In this case, you are obligated to provide us with all information that you have on the specific facts of the case and that is useful for enforcing the law.
We will inform you of any claim without delay and give you a reasonable opportunity to defend the claim, insofar as this is reasonable and possible for us. In particular, we will not conclude any settlements or agreements for the settlement of claims without informing you in advance.
Further claims for damages on our part remain unaffected.
10. Liability
Unless otherwise stipulated in the following provisions, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the statutory provisions.
We shall be liable for damages - irrespective of the legal grounds - within the scope of culpability in the event of intent and gross negligence. In the event of simple negligence, we shall be liable, subject to a milder standard of liability in accordance with the statutory provisions (e.g. for care in own affairs) only
a) for damages resulting from injury to life, body or health.
b) for damages arising from the not inconsiderable breach of a material contractual obligation (an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
The limitations of liability shall also apply in the event of breaches of duty by or in favor of persons for whose fault we are responsible in accordance with statutory provisions. They shall not apply insofar as we have assumed a guarantee or for claims under the Product Liability Act. We assume no liability for the accuracy and timeliness of the content of our app.
11. End of the user agreement
The user agreement between you and us is generally concluded for an indefinite period.
You can terminate the user agreement at any time and with immediate effect in writing or by email to: (ria@roth-werke.de). In this case, you must immediately and permanently cease using the Software when the termination takes effect and delete the App from your terminal device.
We may terminate this Agreement at any time with 10 days' notice by email to your email address stored in our system.
The right to extraordinary termination remains unaffected. In particular, we may terminate the User Agreement for cause if you continue to violate any legal obligation or any obligation under these Terms of Use despite a warning.
In any case of termination, we will delete your user data in accordance with our privacy policy.
12. final provisions
The user has no right of revocation, as our app is provided free of charge.
The user agreement is subject exclusively to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant, a special fund under public law or a legal entity under public law, the place of jurisdiction is the registered office of Roth Werke GmbH; if we file a lawsuit, your general place of jurisdiction also applies.
Should individual provisions of these Terms of Use be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions. The same applies in the event of an unintentional loophole.
Status: February 2019