General user agreement for the "QS.on" app and web portal
This usage agreement constitutes a legally effective agreement between natural persons or legal entities, hereinafter referred to as "user", and LEW Verteilnetz GmbH, Schaezlerstraße 3, D-86150 Augsburg, hereinafter referred to as LVN. The Agreement determines the manner of use of the QS.on App as well as the web portal as a registered "User". Access to information on this app as well as the processing of information as a user require that the user complies with these terms and conditions. LVN reserves the right to restrict, suspend or terminate the User's access to the App without written notice if the User violates the terms of this User Agreement.
By granting access and using this app, the user agrees to comply with these terms and conditions.
1 General, scope of application
The LVN enables registered users to record and process the QA inspections in the user's area of responsibility online on a mobile device via the QS.on app. Access the documentation of all QA inspections in the user's area of responsibility via the QS.on web portal. Furthermore, depending on the type of contract, access enables users to manage their data independently via the system provided. Requirements for using the QS.on app
If the conditions for access to "QS.on" cease to apply (for example, at the end of the contract or in the event of a breach of applicable legal provisions), LVN is entitled to withdraw the authorisation to use "QS.on" and to block access.
An installation of the app is required for the use of QS.on. The app is available for the three operating systems offered (iOS, Android and UWP) via the respective App Store of the companies Apple (iOS), Google (Android) and Microsoft (Windows) and can be downloaded from there to the respective mobile end device.
The user is responsible for his own hardware and the communication channels he uses.
2. Prerequisites for using the QS.on portal
If the conditions for access to the QS Info Portal cease to apply (for example, at the end of the contract or in the event of a breach of applicable legal provisions), LVN is entitled to withdraw the authorisation to use the QS.on Portal and to block access.
Internet access with an up-to-date browser is required to use the QS.on portal.
The user is responsible for any hardware and software used and for the communication channels used.
3. User information
Access to the app and the web portal requires a user account that contains certain information about the user, such as name, company, e-mail address and other information. Further information in connection with personal data can be found in the appendix "Data protection information".
It is the sole responsibility of the User to safeguard the confidentiality of their account information on their access device and respective access connection, including password and any activity undertaken on the App or Platform.
The User is not permitted at any time to make his/her account access data or the access set up available to another user for use.
The user agrees to inform LVN immediately of any unauthorised use of his user account, password or submitted access or any other breach of data security. The user may be held liable for losses incurred by LVN or other users of the app due to unauthorised use of his user account by third parties.
4. Permission of use
The user is granted a simple right of use for the duration of the contract to the extent expressly stated here. Any use of "QS.on" or parts thereof beyond the scope of this granting of the right of use, in particular the reproduction, dissemination, making available to the public or other transfer is unlawful, unless it is prescribed by law or permitted by separate written agreement between LVN and the user.
LVN permits the user to record, access and process the contents (QA inspections) of the respective client - hereinafter referred to as "user information".
Please note: No user information may be posted that violates these terms and conditions or the rights of third parties.
The QS.on offered is only intended for the user's own use. Any commercial use of the app, in whatever form, is not permitted unless expressly agreed otherwise in writing.
No ownership rights to the user's information are claimed by LVN.
Confidentiality must be ensured by appropriate security measures, e.g. the access to the PC/mobile device used by the user must be protected by a username and a password. The contracting party shall ensure that its users also keep the data secret and shall only have the data collected, processed or used by users who have been obliged to keep the personal data secret. Should the contractual partner or a user become aware that the security measures for protecting the access data, such as the password, have become known to unauthorised third parties, the user must immediately change the password. The user undertakes to ensure suitable technical and organisational measures to protect the data of the QS.on of the LVN.
6. Non-disclosure agreement
The users undertake to treat all confidential information that comes to their knowledge directly or indirectly as confidential and not to pass it on to third parties, exploit it or use it without prior written consent. In particular, the user is not authorised to use the process know-how of LVN for himself without consideration or to market it himself to a third party.
In order to safeguard the confidentiality of the information, the users shall exercise at least the same care as they exercise to safeguard the confidentiality of their own data and information. Confidential information shall be disclosed only to those employees or other third parties who are required to receive it by virtue of their employment. However, the disclosure of confidential information to the persons concerned is subject to the proviso that the relevant persons also agree to observe the established criteria for confidentiality.
7. Unauthorised illegal or prohibited use
While using QS.on, none of the following actions may be taken by the user:
- Infringement of any intellectual property or related rights, including but not limited to copyrights, trademarks, patents of third parties.
- Storing or displaying information or other materials protected by copyright or other proprietary rights of third parties without first obtaining permission from the copyright or rights holder.
- Uploading files that contain viruses, Trojans, worms, adware, spyware, crimeware, online graffiti taggers, droppers, rootkits, keyloggers, bots or other harmful components.
- It is forbidden to make content accessible or to publish it if and insofar as it violates legal regulations, the rights of third parties or common decency. It is forbidden to publish contents which concern one of the following points: depictions of violence, sexual acts, discriminating, insulting, racist, defamatory or other illegal contents.
All functions and contents offered in QS.on have been carefully checked. Nevertheless, LVN cannot assume any guarantee for their correctness. This applies both to the app created by LVN and to the content, but in particular also to the "user content" created. LVN is not liable for any damages that may result from the use of this information. LVN cannot guarantee that these pages will always be accessible and is not liable for any damage resulting from the non-accessibility of these pages.
9. Changes to these terms and conditions and to the app
Status: August 2023