1. Provider

The website is a tele-media service of the Forum of Industry for smart applications UG (haftungsbeschränkt), Fürstenrieder Str. 263, D-81377 München (hereinafter referred to as "smart applications").

2. Scope

2.1  For the use of the website and the services and contents available on it, these Terms of Use are exclusively valid. These are recognized by the user by the use of the website.

2.2  Any contradictory, deviant or supplementary general terms and conditions of the user shall not become part of the contract, unless smart applications expressly agrees to their validity.

2.3  These Terms of Use shall also apply if smart applications carries out services unconditionally in the knowledge of terms of the user conflicting with or deviating from these General Terms and Conditions.

3. Focus of the Website

3.1  The website is a platform and solution database for the placement of offers and information on the topic "smart applications" as well as for professional exchange.

3.2  The Website is intended for persons who work professionally or freelance and are users, prospective customers and suppliers/manufacturers in the field of smart applications. The website is not intended for consumers.

4. Access, Use, Registration

4.1  The visit of the freely accessible area of the website as well as the purely reading access to the solution database as well as the online assessment are free of charge.

4.2  The use of the protected area of the website requires prior registration of the user as well as his/her consent to the validity of these Terms of Use as well as, if necessary, additionally required consent. When registering, a user account is created, allowing the password-protected access of the user.

4.3  The setting of certain content in the solution database by the respective provider may be subject to remuneration. It presupposes a separate contract between the respective provider and smart applications, regulating the respective conditions.

5. Availability

Smart applications strives to keep the site available. However, no continuous availability is guaranteed. smart applications is entitled to block or restrict offers at any time.

6. Placing of Contents; Communication with other Users

6.1  The user or provider can place contents in certain areas of the website. These contents may include information that is entered into the solution database or in articles that are placed in appropriate forums.

6.2  The user may contact other users via the means provided on the website. Any contact with other users in the context of illicit advertising is prohibited.

6.3  The user is responsible for the legality of the content and communication. smart applications does not adopt appropriate content.

7. Obligations of the User

7.1  The user undertakes to comply with the applicable laws and, in particular, not to infringe the rights of third parties when using the website.

7.2  The User undertakes not to upload any content that violates applicable law or these Terms of Use. "Contents" in the sense of these Terms of Use are information in the widest sense, in particular texts, files, pictures, graphics and links. In particular, the user undertakes not to upload any content or to transmit any communications,

  • which contain false allegations of facts,
  • which are insulting or libellous,
  • which fulfil the fact of sedition,
  • which are pornographic or violate the youth protection legislation or promote or offer corresponding products,
  • if it is a breach of the copyright, trademark, name, patent, design patent or utility model rights,
  • if an action infringing the competition law would be carried out or encouraged,
  • which, directly or indirectly, promote political parties or ideologies,
  • which are subject to legal or contractual provisions regarding confidentiality.

7.3  The user is responsible for the completeness, correctness, up-to-dateness and legality of the content he has posted.

7.4  The user undertakes not to place any links on other tele-media with illegal contents or to link them otherwise.

7.5  If the user violates one of the above obligations, he is liable towards smart applications for any resulting damages and expenses. The user undertakes to indemnify smart applications against any resulting third-party claims and to support smart applications in defending such claims.

7.6  The user undertakes to keep his user identification and password secret. If the user becomes aware of the misuse of these identifiers, he will immediately notify smart applications. In case of any misuse, smart applications is entitled to block access immediately. The user is liable for any misuse which he is responsible for.

8. Granting of Rights for Contents contributed by the User

The user grants smart applications, at the time of contributing contents in the sections of the website, the simple, non-exclusive right, unlimited by location, to publish the content on the website as well as to make it available for retrieval by other users for the period of publication defined by the customer. The right covers all known and unknown types of use required for this purpose.

9. Use of Contents

The user may not reproduce, distribute, make otherwise available or use in any other way the contents made available via the website, without the consent of the respective copyright holders.

10. Liability for Defects, Liability for Links

10.1  Liability for defects of quality and title is excluded, unless the defect was fraudulently concealed.

10.2  smart applications has no influence whatsoever on the present and future design and on contents of tele-media, communications or other information of other service providers linked via links or in any other way. smart applications hereby expressly distances itself from the design and contents of corresponding tele-media, communications or information.

11. Limitation of Liability

Smart applications is liable towards the user within the framework of the legal provisions for damages arising from injury of life, body or health as well as for damages which are due to intent or gross negligence of smart applications, one of their legal representatives or agents. Liability under the Product Liability Act, if applicable, shall remain unaffected. Furthermore, liability is excluded.

12. General Provisions

12.1  Smart applications reserves the right to change any provisions of these Terms of Use at any time without giving reasons.

12.2  The law of the Federal Republic of Germany applies exclusively to all disputes arising from or in connection with these Terms of Use, irrespective of the legal reason, but with the exception of the UN Convention regarding contracts for the international sale of Goods (New York Convention on Contracts for the International Sale of Goods – CISG 04-11-1980) and all legal norms which refer to another legal system. These Terms of Use shall be interpreted in the same way and exclusively in accordance with German law.

12.3  Any translations of these Terms of Use into another language are for reading purposes only. Only the German version has legal force.


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