APP Terms of Use

The following conditions apply to the provision and use of mobile applications by MEDION AG (“MEDION”), Am Zehnthof 77, 45307 Essen, Germany – subject to deviating and/or supplementary regulations in individual cases:

1. Scope of application
   By installing and using an application offered by MEDION, the user accepts the following terms of use in their currently valid version. The conditions also apply to future updates or new versions of the software, unless otherwise specified.
2. Subject of the contract 
   Medion grants the user a simple, non-transferable right to use the software. The right of use is subject to the conditions regulated here. Additional terms of use or restrictions may be set forth in the end user terms of the particular App Store through which the Software is offered.

   MEDION may also send the user notifications by means of electronic communication services (e.g. push messages, e-mail, SMS) within the scope of the execution of the application. These can contain general information (e.g. about available updates) but also user-specific messages (e.g. warnings, reminders, recommendations).

   The user can use the Medion Service app to initiate a fault diagnosis and, in the event of a technical defect, initiate a repair order directly from the app. The user is then in the online service portal of MEDION AG and has access to further consumer information.

   In the case of apps offered free of charge, Medion reserves the right to refinance the development and maintenance costs by integrating advertising (in particular in the form of insertions). This also applies to applications that are offered as free additional features in hardware products distributed by MEDION.

3. technical usage requirements / updating
   In order to use the software, the user requires a terminal device that meets the applicable system and compatibility requirements for the corresponding software version. The user is solely responsible for fulfilling the technical requirements for use.

   The app can automatically download and install software updates to correct possible program errors (so-called patches or bug fixes). The functionality and the scope of performance are usually not changed by such updates.

4. Warranty/liability
   In the case of free apps, MEDION does not assume any guarantee for the flawless function and permanent availability of the application. Any liability for damages on the part of MEDION AG and its organs, employees and vicarious agents arising from or in connection with the provision of free apps, regardless of the legal basis, is limited to cases of intent or gross negligence as far as legally permissible.

   In the case of apps that are subject to a charge as well as app functionalities that are offered and/or advertised as a product feature of hardware products distributed by MEDION, the statutory warranty conditions apply with the proviso that the app has been tested and has the specified functions. However, no guarantee can be given for the suitability of the app with regard to the use intended by the user. The liability for damages resulting from injury to life, body or health as well as from the violation of essential contractual obligations is not limited, nor is the liability according to the Product Liability Act. In all other respects, the obligation to pay compensation for damages is also in principle limited here to intent and gross negligence.

5. Final provisions
   The law of the Federal Republic of Germany shall apply. MEDION reserves the right to change these terms of use if this is necessary for factual reasons (e.g. changes in the legal situation or jurisdiction). In this case MEDION will inform the user in good time of the change and request the user to agree to it. Further use of the app may be made subject to approval. Should individual provisions of these terms of use be or become invalid, the validity of the remaining provisions shall not be affected. The ineffective or void provision shall be replaced by a provision which comes closest to the economic purpose of the ineffective or void provision in an effective manner.

   MEDION AG
   Am Zehnthof 77
   45307 Essen

   Local court Essen HRB 13274
   VAT ID no.: DE 812543382

   Represented by the Board of Directors:
   Mr. Gerd Brachmann (Chairman)
   Mr. Christian Eigen (Deputy Chairman)

   Phone +49 (0) 201 83 83 – 0
   Telefax +49 (0) 201 83 83 -1112
   [email protected]