Terms of use for “StoColor simulator”

Section 1 Scope

1. All services of Sto SE & Co. KGaA, 1, D-79780 Stühlingen
   (hereinafter referred to as “Supplier”) which are provided via the Internet on the website https://sto.colors-simulator.com/ in connection with the “StoColor simulator” application (hereinafter referred to as “Software”) shall be provided exclusively on the basis of these terms of use.
2. Within the context of this contract, the term “User” can apply to both consumers and contractors. Contractors within the context of this contract are natural or legal entities, or joint partnerships with legal capacity, who are acting in a commercial or self-employed professional capacity when they conclude the contract with the Supplier.

Section 2 Use of the Software

1. The Software shall be provided to the User via the Internet on the website https://sto.colors-simulator.com/ free of charge. The Supplier shall be entitled to change the functionality of the Software or to cease its operation entirely at any time. The User shall not be entitled to continuous and/or interruption-free use of the Software.
2. The Software shall be accessible for the User via the Internet using the latest version of a commonly available browser. The Supplier shall accept no liability for the compatibility of the Software with particular browsers.
3. The Supplier shall accept no liability for the uninterrupted availability of the Software. The transfer point for the services shall be the router output of the data centre.
4. Where possible, the Supplier shall adapt the Software to market-relevant technical changes (e.g. new versions of browsers and operating systems). However, the User shall not be entitled to specific improvements or enhancements.
5. The Software shall be available in German. The Supplier may offer additional language options for the user interface but shall not be obligated to do so. The Supplier shall accept no liability for the accuracy of translations.
6. Where applicable, the Software shall enable the User to send enquiries regarding particular products to the Supplier. These enquiries shall be non-binding and shall not constitute the start of contractual negotiations. If specific contractual negotiations are started at a later date, they shall exclusively be the subject of a downstream process and the User shall be duly informed of the corresponding terms when negotiations begin.

Section 3 Registration, deletion of the user account

1. The User must register to use the Software and create a user account. They must keep their login details safe and must prevent access by unauthorised third parties.
2. If the User becomes aware of access by unauthorised third parties, they must inform the Supplier without delay.
3. When the user account is deleted or operation of the Software ceases, all data stored by the User shall be deleted. The user account, including the data stored by the User, shall be automatically deleted by the Supplier if the User does not use the Software for a period of three years.

Section 4 Obligations of the User

1. The User undertakes not to use any unlawful data which infringes laws, official requirements, or the rights of third parties in connection with the use of the Software.
2. The User shall be personally responsible for entering and maintaining the data and information required in order to use the Software.
3. The User undertakes to check their data and information for viruses or other harmful components using commercially available anti-virus programs before entering it in the Software.

Section 5 Granting rights of use, blocking access

1. The Supplier shall transfer to the User the simple, non-sublicensable, non-transferrable right to use the Software – limited to the period for which they are registered as a User – subject to the following regulations.
2. The User shall not have any rights which are not expressly granted to the User above. In particular, the User shall not be entitled to use the Software in any manner which goes beyond the agreed use. Furthermore, they shall not be entitled to allow third parties to use the Software or to make the Software available to third parties. In particular, the User shall not be permitted to reproduce, disseminate, or make publicly available any part of the Software regarded as substantial with regard to either its nature or scope.
3. If the User breaches the regulations in the above paragraphs (1) to (2) for reasons for which they are accountable, the Supplier may block the User’s access to the Software if this will verifiably eliminate the breach.

Section 6 Liability

1. The liability of the supplier is unlimited in the event of intent or gross negligence. In all other cases, liability on the part of the supplier is excluded.
2. Limitation of liability as set out in the previous clause does not apply in the case of liability for personal injury and bodily harm as well as in the case of liability under the German Product Liability Act.
3. Colours displayed on the User’s screens or printouts may vary depending on the monitor and printer used as well as the respective settings of the devices and therefore take place without liability.

Section 7 Applicable law, place of jurisdiction

1. These terms shall be subject to German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is For any disputes arising from this contract, the headquarters in Stühlingen shall be the sole place of jurisdiction if the User is a contractor. The statutory regulations shall apply to consumers.