Sync General Terms of Use

Terms and Conditions of Use of App

Version: 4th December 2023

1. Scope

These General Terms and Conditions of Use (hereinafter referred to as “Terms”) in the version valid at the time of conclusion of the contract, form the basis of the contract of use concluded between you (hereinafter referred to as “You”) and Hemro International AG, Thurgauerstrasse 80, 8050 Zürich (hereinafter referred to as “Hemro”, “Us” or “We”).

The subject of this license agreement is the free use of the Synch System Web Application (hereinafter referred to as “The Sync System App” or “App”) offered by Us. Deviating or supplementary terms and conditions set forth by You will not be recognized unless We expressly agree to their validity in writing.

Please take a moment to read these Terms before using the App. By downloading, installing, accessing or using the App, You acknowledge that You have read, understood and agree to be bound by these Terms. If You do not agree to these Terms, You should uninstall the App and/or stop accessing and using the App.

2. Conclusion of Contract

The user contract comes into effect upon completion of the fully executed registration process.

3. App Rules

3.1 Before You can use the App, You must register for a user profile (hereinafter referred to as “Account”). To create an Account, You must:

• register with Your e-mail address and password, and
• be at least 18 years of age or have the consent of a parent or guardian and be fully able and capable of entering into and complying with the terms, obligations, representations and warranties of these Terms;
• in each case, ensure that You are at least 14 years old, as the App is not intended for children under 14; and
• are legally authorized to use the App under the laws of Your home country.

3.2 The data You enter to register Your Account, must be complete and true. You must communicate any changes in the data to Us immediately, and also note the same in the App user profile.

3.3 As part of the registration process, for security reasons, we will ask you to provide your personal email address. We will send you an email with a verification link and you will have to confirm the link. Only then, the registration process is completed.

3.4 If You need help resetting Your password, simply enter the email address You provided during registration, to access Your account and retrieve Your information.

4. Right of Use

Users of the Synch System App are granted a simple right of use, i.e. the limited, non-exclusive, non-transferable, non-sub-licensable, revocable right of use for private, non-commercial use.

In particular, You must not manipulate or modify the App.

5. Services Description

• Add Grinders to your system
• Onboard your grinders
• Pair coffee machines and ancillary systems
• See data
• Get information about the product

6. Gratuitousness [Costs]

Download, registration and use of the App shall be free of charge.

7. Term, Termination and Suspension

The user contract runs from the time of the conclusion of the contract, for an indefinite period. You can terminate the free user contract at any time. To do so, You can delete Your user account in our App under the menu item “Account” → “Edit Profile” → “Delete account”. Your Account will be deleted immediately, but it may take a while until Your content is completely removed from the App.

Our right to suspend Your Account and to terminate the user contract for cause remains unaffected by the preceding provisions. Good cause is any violation of these Terms of Use, in particular of the restrictions on use set out in clause 10 as well as the granting of access to the Synch System App to unauthorized third parties.

8. Warranty Rights / Claims for Functionalities

Hemro provides its App only within the scope of the functions currently available; there is no entitlement to the maintenance of certain functionalities in any way. Hemro may restrict the usability of the App at any time, in whole or in part, without prior notice and without stating reasons, or remove the App completely from the relevant App stores. No guarantee is given for the availability of the App, nor is any agreement on quality concluded, nor is any liability assumed for the consequences of limited or suspended usability.

9. Types of Content

9.1 There are three types of content You can access in the app:

• Content that We provide (hereinafter, “Our Content”).
• Content/Data that you create while using the Synch System (hereinafter, “Your Content”); and

9.2 Our Content

9.2.1 All text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property that We provide on the App is owned, controlled, or licensed by Us and is protected by copyright, trademark, and other intellectual property laws. All right, title and interest in and to Our Content shall remain with Us at all times.

9.2.2 We grant You a non-exclusive, limited, personal, non-transferable, revocable license to use Our Content, without the right to sublicense. You may not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App. You may not create derivative works from Our Content or commercially exploit Our Content in whole or in part in any way. You may only use Our Content for lawful purposes.

9.3 Your Content

9.4 We reserve all other rights.

10. Restrictions on Use

In Your use of the App, You hereby commit to:

10.1.1 comply with all applicable laws, in particular data protection laws, intellectual property laws, copyrights and government regulations;

10.1.2 not to behave in any other unlawful manner;

10.1.3 not misrepresent Your identity or affiliation with any person or entity; and

10.1.4 not disclose information that You are not authorized to disclose.

11. Data protection and privacy

For information about how We collect, use, and share Your personal data, please refer to Our Privacy Policy.

12. Technical Requirements for Using the App

12.1 To use the App, You need a functioning and operational mobile device and access to the Internet.

12.2 You are responsible for the procurement and maintenance of the required hardware and software.

12.3 In order to fully use any feature of the App, We recommend that You install the latest version of the App.

13. Push Notifications, Location-Based Functions

13.1 We may send You emails, text messages, push notifications, alerts, and other messages related to the App, such as enhancements, offers, products, events, and other promotions.

13.2 After downloading the App, You will be prompted to accept or decline push notifications/alerts. If You choose to decline, You will not receive push notifications/alerts. If You agree, push notifications/alerts shall be sent to You automatically. If You no longer want to receive push notifications/alerts from the App, You can unsubscribe at any time by changing your notification settings on Your mobile device.

13.3 With respect to other types of messages or communications, such as emails, text messages, etc., You may opt out or unsubscribe by either following the specific instructions contained in such communications or by sending Us an email with Your request to sync@mahlkoenig.com.

14. Right of Withdrawal

14.1 Exercising Right of Withdrawal

You have the right to cancel this contract, without giving any reason, within 14 days from the date of conclusion of the contract.

To exercise the right of withdrawal, You must communicate to us at sync@mahlkoenig.com of Your decision to withdraw from this contract by an unequivocal statement [e.g. a letter sent by post, fax or email]. You may use the model withdrawal form as stipulated in clause 14.4, but it is not obligatory.

14.2 Effects of Withdrawal

If You exercise your right of withdrawal, We shall reimburse You for all payments We have received from You, including delivery costs (with the exception of additional costs resulting from the fact that You have chosen a type of delivery other than the most favorable standard delivery offered by Us), without undue delay and no later than within fourteen days from the day on which We received the notification of your withdrawal from this contract. For this repayment, We will use the same means of payment that You used for the original transaction, unless expressly agreed otherwise with You; in no case will You be charged for this repayment.

We may refuse to refund You until We have received the goods back or until You have provided proof that You have returned the goods, whichever is the earlier.

If it is agreed that We will provide a service to You and that this service is to begin immediately after the conclusion of the contract or during the withdrawal period, You shall pay Us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which You notify Us of the exercise of your right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

14.3 Expiration of Right of Withdrawal

In the case of a contract for the provision of services, Your right of withdrawal shall expire if We have provided the service in full and have only started to perform the service after You have given your express consent and confirmed at the same time that You were aware that You would lose Your right of withdrawal if We performed the contract in full. In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal shall also expire when We have begun performing the contract after You have given Your express consent and confirmed at the same time that You were aware that You would lose Your right of withdrawal as soon as We had begun performing the contract.

14.4 Model Withdrawal Form 

To make Your withdrawal as easy as possible you can also use the withdrawal form below instead. 

If You want to revoke the contract, please fill out this form and send it back to: sync@mahlkoenig.com I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)        ___________________________________________________________  Ordered on (*)/Received on (*)     ___________________________________________________________ Name of the consumer(s)   ___________________________________________________________ Address of the consumer(s)   ___________________________________________________________ Signature of the consumer(s)   ___________________________________________________________ Date   ___________________________________________________________

 

15. Limitation of Liability

We shall be liable under these Terms only in accordance with the provisions set out below:

15.1 We are only liable for intent and gross negligence. Furthermore, We are liable for the negligent breach of obligations, the fulfillment of which are essential for the proper execution of the contract, and the breach of which jeopardize the achievement of the purpose of the contract on the performance of which You may rely. In the latter case, however, We shall only be liable for the foreseeable damages typical to the contract. The same applies to breaches of duty by our vicarious agents.

15.2 The exclusions set out in clause 15.1, do not apply in the event of injury to life, body or health. Liability under the German Product Liability Act remains unaffected.

15.3 Subject to clauses 15.1 and 15.2, any further liability of Hemro is excluded on the merits.

16. Indemnification

All actions You take and all content and information that You post on the App are solely Your responsibility. Therefore, You agree to indemnify and hold Us and our affiliates harmless from any third party claims, actions, proceedings, demands, costs and other consequences suffered or reasonably incurred by Us in connection with the same.

17. Accountability for Content

17.1 According to Sections 8-10 of the German Telemedical Act (Telemediengesetz, ‘TMG’), We are not obliged to monitor the content of users or to investigate circumstances that indicate illegal activity. For this reason, We can also not assume any liability for this third-party content.

17.2 If You believe that any User Content or Our Content infringes Your intellectual property rights, You may request that such material be removed by submitting a written request to sync@mahlkoenig.com.

18. Links to Third-Party Websites or Resources

18.1 The App may contain links to third-party websites or resources. In such cases, You acknowledge that We are not responsible or liable for:

18.1.1 the availability or accuracy of the information on such websites or resources; or

18.1.2 the content, products or services available on such websites or resources.

18.2 Links to such websites or resources do not imply Our endorsement of such third-party websites.

19. Third-Party App Store

19.1 The following additional terms apply to You if You download the App from a Third-Party Store. To the extent the other terms of these Terms are less restrictive than or otherwise conflict with the terms of this clause 19, the more restrictive or conflicting terms of this clause 19 shall apply, but only with respect to the App and the Third-Party Store. You acknowledge and agree as follows.

19.2 These Terms are entered into solely between you and Us and not with the Third Party Provider, and we (and not the Third Party Provider) are solely responsible for our App and its content.

19.3 To the extent these Terms provide rules of use for the App that are less restrictive or inconsistent with the applicable terms of use of the third party from which You obtain the App, the more restrictive or inconsistent term of the third party will prevail.

19.4 The Third Party Provider is not obligated in any way to provide maintenance and support services for the App. We are solely responsible for any product warranties, whether express or implied by law, unless effectively excluded.

19.5 The Third Party Provider has no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to the failure to honor any warranty are our sole responsibility.

19.6 We, and not the Third Party Provider, are responsible for any claims that You or a third party may have with respect to the App or Your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) claims that the App does not comply with applicable legal or regulatory requirements; (iii) claims arising under consumer protection or similar laws; and/or (iv) intellectual property infringement claims.

19.7 The Third Party Provider and its affiliates are third party beneficiaries of this Agreement, and upon your acceptance of these Terms, the Third Party Provider from which you purchased the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

20. Miscellaneous

20.1 The contract language is English.

20.2 If You were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time We file suit or Your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Zürich.

20.3 These Terms constitute the entire agreement and understanding between You and Us and supersede any prior agreements between You and Us relating to the subject matter of these Terms.

20.4 We reserve the right to change or modify these Terms with future effect. We will notify You of the changes by email no later than two (2) weeks before the new version of these Terms is scheduled to take effect. If You do not object to the application of the new version of these Terms within this period and continue to use the App, the new version of these Terms will be deemed accepted. In the event that You object, We expressly reserve the right to extraordinarily terminate the contract between You and Us. We will also separately inform You again about Your right to object, the objection period and the legal consequences of Your objection or failure to object.

20.5 These Terms and all rights and obligations arising hereunder shall be governed exclusively by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), if You have Your habitual residence in Germany or Your habitual residence is in a country that is not a member of the European Union. In the event that You have Your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which You have Your habitual residence shall remain unaffected.

20.6 Should individual provisions of this contract be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the statutory provisions, if any. If such statutory provisions are not available in individual cases (e.g. in case of a regulatory gap) or would lead to an unacceptable result, the Parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.

20.7 The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/21. Our email address is sync@mahlkoenig.com

We are not obligated or willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

21. Provider Information

Hemro International AG
Thurgauerstrasse 80
8050 ZÜRICH
Switzerland

Tel.: +41 44 864 18 00

E-mail: info@hemrogroup.com
Homepage: www.hemrogroup.com

Board of Directors with power of representation: Dr. Marcel Lehmann, Adrian Schürmann, Ziya Boro

Value Added Tax ID: DE293707477
Swiss Commercial Register No.: CHE-102.510.347

22. Option to Store and Review the Contract

These Terms may be viewed by You at https://www.mahlkoenig.us/pages/sync-terms-of-use. Please consult Your web browser's help documentation if You need assistance saving the file. To open a "pdf" file, You may need special software such as the free Acrobat Reader program or a similar program that can process "pdf" files. You can view all other contractual information and data in Your user account. Alternatively, You can print or save the order confirmation that You receive after purchase.