License and Terms of Use of the MetarCube App for Business
Valid as of 01.01.2022
The provider of the app is MSM.digital GmbH, Dr.-Julius-Leber-Straße 3-7, 23552 Lübeck, HRB 9113 (hereinafter “MSM.digital”).
The use of this MetarCube App (hereinafter “App”) requires that you agree to the following terms of use. By downloading the App, you agree to the following terms of license and use. By downloading this app from the Google Play Store or the Apple App Store, a license agreement for the use of this app is concluded between you and us, the MSM.digital. Neither Google Inc. or any company associated with it, nor Apple Inc. or any company associated with it, or any other operator of the respective app store will be a party to the license agreement.
You are prohibited from modifying, translating, decrypting, decompiling, disassembling or using the source code of the Software as the basis of other programs, copying, renting, leasing, transferring, sublicensing or otherwise transferring the rights to the Software.
Obligations of the user
The app and its functions may not be used in an abusive manner. Please use the app only within the legally permissible scope and in accordance with our Terms of Use. In case of violation of applicable German law or our Terms of Use, we reserve the right to exclude you from using the App.
Rights of use
By downloading the App, we grant you the royalty-free, non-exclusive, non-transferable and non-unlicensable right, limited in time to the term of this License Agreement, to download, install and use the App as a single user to the extent granted in these Terms of Use on a device owned or controlled by you on which the Software is capable of running according to the system requirements that you may view in the Google Play Store or the Apple App Store prior to entering into these Terms.
Liability for defects
We provide you with the use of the software free of charge. Claims for defects are excluded, except for defects caused by us intentionally or by gross negligence. MSM.digital does not make any promises regarding the availability of the app. You as the user of the app are solely responsible for the content posted in the app. We do not adopt your content of the app as our own.
Liability
Our liability is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of a contract and compliance with which the contracting parties may regularly rely on. Damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, except in cases of intent or gross negligence. We are not liable for third parties (e.g. other companies) whose devices the customer connects to the app. We make no warranties regarding the availability, reliability, functionality or suitability of the app for your purposes. Insofar as our liability is excluded or limited in accordance with these provisions, this shall also apply to the liability of the organs, vicarious agents and assistants, including the employees of MSM.digital.
Modification of the terms of use
MSM.digital reserves the right to change and adapt the terms of use. Use of this app will be deemed as acceptance of the new terms of use.
Law and jurisdiction
The place of jurisdiction for all legal disputes is Lübeck, provided that you are a legal entity under public law, a special fund under public law or a merchant and the contract is part of the operation of your trade. We can also assert our claims at the courts of the general jurisdiction of you. Any exclusive place of jurisdiction shall remain unaffected. All legal relations between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany applicable to the legal relations of domestic parties.
In this Privacy Notice:
– “we/us” stands for MSM.digital GmbH
– “third parties/persons” stands for someone who is not you or us
Contact
Your opinion is important to us. If you have any questions about your data protection rights, please use our contact to the data protection officer or send your request in writing to our data protection officer: datenschutz@msm.digital
We only collect information about the type of mobile device you are using. To recognize your device, we assign a unique device identifier. It is not possible for us to identify you as a person on the basis of the device identification number. We collect information about your usage of the app, e.g. how often you use it and how many users are active. We also receive information about how you use the app. These are, for example:
– The level of service you receive, such as network or service errors and other events, that may affect our network services or other services
– anonymous analytics information about how users use the device and application, to improve your experience and troubleshooting.
When we collect your personal data
We collect personal data when:
– You set up the app on the device for the first time
– You use the app and all of its features
– you contact our customer service
MSM processes your personal data on the following bases:
1. to fulfill your contract and to respond to your requests. For example, we need to process your network traffic data to connect your device.
2. MSM’s legitimate business interests, such as: fraud prevention, maintaining the security of our network and services, and improving our services. Whenever we rely on these bases to process your data, we evaluate our business interests to ensure that they do not override your rights. In addition, you have the right to object to these processing operations. For more information, please see the “Your Rights” section.
3. complying with a mandatory legal obligation, including, for example, accounting and tax requirements (such as record retention obligations); or
4. consent you give, if MSM.digital does not rely on another legal basis. Consent will always be provided to you separately and you may withdraw your consent at any time.
How we use your personal data
We use your personal data as follows:
1. provision of the service
To enable you to use the various features of the App, we process your data as follows: Data is not stored on our systems for this purpose.
Device Management: to allow administrators to manage the use of devices with the App installed, the App provides a device management function. For this purpose, we only process the device identification number that receive a license authorization. The administrator’s access to the device management function is protected by user ID and password.
2. improvement of the service
We collect anonymous, anonymized or aggregated information to improve the service we provide to you. For example, to help protect our systems and manage the volume of calls, texts, and other uses of our systems, we identify peak usage times so that we can try to ensure that the systems can handle the volume at those times; and to understand how you use our systems, products, and services. This allows us to review, develop and improve them, develop more interesting and relevant products and services, and improve our products and services.
International data sharing
We do not share data with third countries.
Your rights
In the following, we explain in detail how you can exercise your rights.
Information, data correction, data deletion and data portability. You want to know what data we store about you? Are you wondering what we use your personal data for or where we got it from? Please contact us. We will be happy to answer your questions. Your data has changed? Let us know. Or an error has crept into your customer data? We will change it for you.
You want to have personal data deleted? Tell us exactly what data you want to delete. We will then delete all data for which we no longer have a reason to store it. You want to take your data with you that you have made available to us? No problem, we will make it available to you. Just contact us at info.metarcube@msm.digital.
How to file a complaint
If you would like to contact us regarding your rights or complain about how we use your personal information, contact our customer service team at info.metarcube@msm.digital.
We will do our best to help you. If we have not been able to resolve your concern to your satisfaction, you may contact the supervisory authority responsible for us.