Terms and conditions
§ 1 Scope The following general Terms and Conditions of the company Synap IoT apply exclusively to all current and future business relationships with the subscriber. Other Terms and Conditions will not be recognized unless the company Synap IoT has given its written consent and expressly waived its own Terms and Conditions. These Terms and Conditions apply only to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
§ 2 Offers, start of subscription, handover/collection, risk of transport, deposit, registration, conclusion of the usage contract
(1) By making a purchase on the website with his name, email and company, he makes his declaration of intent and agrees to these Terms and Conditions and this contract of use and these general Terms and Conditions as well as the data protection guidelines.
(2) Synap IoT then checks the purchase or the declaration of intent. After verification, the user receives a confirmation email. Upon receipt of the confirmation email, the contract is concluded, and the relevant hardware is loaded with software and sent to the customer and access is set up. The agreed usage period starts 48 hours after the hardware is powered or at the latest 10 working days after receipt of the hardware.
(3) SynapIoT undertakes to leave the devices offered to the tenant for the agreed period or for an indefinite period. The subscriber may not pass on, open, manipulate, use the rental property or parts thereof without a written agreement with SynapIoT to third parties or take it outside the external borders of the European Union.
(4) Synap IoT must send the hardware in perfect, operational condition with the necessary documents for dispatch.
(5) Upon receipt, the risk passes to the subscriber.
(6) Synap IoT reserves the right to request an appropriate deposit or advance payment. The provision of a deposit or advance payment can also be requested during the term of the contract, provided the subscriber fails to pay an invoice from the Synap IoT, regardless of the business relationship, on the due date. The rescheduling of the payment does not destroy the right to deposit.
§ 3 Dispatch of the device
(1) The goods will be sent after the firmware has been loaded onto them and, as a rule, will be sent to the receiving point to be determined by the subscriber within five working days of the conclusion of the contract. Synap IoT must notify the subscriber of the dispatch and the subscriber must notify Synap IoT of the arrival at the receiving point immediately or confirm the delivery note.
(2) If Synap IoT cannot deliver as agreed, Synap IoT must notify the subscriber in writing within three working days.
(3) The subscriber must return the device in a clean and operational condition to Synap IoT. This corresponds to the delivery status of the device, considering the wear and tear caused by the contractual use of the rental and taking into account the principles of sections 10, 11 and 12.
(4) The proper return delivery of the rented object is deemed to have been recognized by Synap IoT, unless a written notice of defects with precise notification of the identified defects has not been sent to the subscriber no later than 14 calendar days after the device arrives at the location specified by the Synap IoT.
§ 4 End of rental period return of the device
(1) The rental period ends 5 working days before the day on which the device arrives at Synap IoT again with all the parts required for its commissioning. If the rental object is immediately given to a subsequent subscriber by the subscriber with the consent of Synap IoTs, the subscription ends with the subscriber as soon as Synap IoT has received the unconditional confirmation of receipt from the subsequent subscriber, deducted 5 working days.
(2) The device is returned by return delivery to Synap IoT, by insured and traceable shipping, the costs for this are borne by the customer. Offsetting early returns is excluded unless otherwise agreed.
§ 5 Subscription calculation, subscription payment, additional costs, set-off and retention, assignment of security
(1) The subscription is calculated according to the price list. Other agreements must be agreed in writing before the start of the subscription.
(2) If the agreed subscription period is exceeded, an additional minimum usage period of one month is applied.
(3) The subscriber's right of retention and/or right of set-off against the subscription claim only exists if Synap IoT is undisputed or legally established counterclaims by the subscriber.
(4) In the amount of the agreed subscription price, the subscriber transfers his claims against his client, for whose order the subscription object is used, to the Synap IoT accepting the assignment.
§ 6 Remuneration and usage fee
(1) The payment period and the amount of the remuneration, as well as the method of payment, are based on the order sheet or contract of use.
(2) If the customer delays the payment of a due payment by more than four weeks, the provider is entitled to block access to the software after a prior warning with setting a deadline and expiry of the deadline. The provider's right to remuneration remains unaffected by the block. Access to the software will be activated again immediately after the arrears have been paid. The right to block access exists as a milder means even if the provider has the right to extraordinary termination.
(3) After the initial term has expired, the provider can adjust the prices as well as the rates for an agreed remuneration according to the effort of the general price development according to the order sheet. If the fee increase is more than 5%, the customer can terminate the contractual relationship at the end of the current contract month.
(4) The remuneration for other services is based on the applicable price sheet of the provider.
§ 7 Service and operating personnel
In principle, SynapIoT does not provide any operating personnel on site for the subscription device. The provision of operating personnel on site requires a separate agreement. Synap IoT is happy to support you over the phone and provides extensive support for making the right settings in the system.
§ 8 Special obligations of the tenant / inspections
(1) Installation is carried out by the subscriber or service technician, if applicable. SynapIoT provides a written and illustrated installation guide including a video guide.
(2) Defects that occur during use must be reported in writing after detection and the device should, if possible, no longer be used; a new device is immediately provided by Synap IoT.
(3) The labels and markings (owner's plate, designations of origin, device numbers, etc.) attached to the rental object must be undamaged and clearly visible
(4) The subscriber is obliged to provide the best possible protection for the subscription device against overuse, incorrect operation and external influences
(5) The Subscriber is not entitled to make changes to the rental property, in particular attachments and installations, without the prior written consent of Synap IoTs. The Subscriber may not grant third parties rights to the device (e.g. rent, loan) or assign rights under this contract. Should a third party assert rights to the device through confiscation, attachment or the like, the Subscriber is obliged to notify Synap IoT immediately in writing and to notify the third party thereof and of the tenancy in writing.
(6) For maintenance and inspection activities Synap IoT bears the costs by sending a new device.
(7) When taking over the subscription objects, the Subscriber is obliged to check them in terms of quantity and quality and to notify Synap IoT in writing immediately of any defects that can be identified. If this is not done within a period of 5 working days, any existing claims will expire.
(8) Firmware updates are made approximately every three months at night between 1:00 and 2:00 p.m. and should generally not have any influence on the conformity of the measurements, but a measurement and transmission pause of up to 15 minutes must be taken. If this does not meet the requirements, there are solutions, please contact us. Then we coordinate the firmware updates according to your request.
§ 9 Index clause
If the consumer price index for Germany officially determined by the Federal Statistical Office (based on 2000 = 100) increases or decreases in the future by at least ten percent compared to the index published for the month in which the contract was concluded, the rent automatically changes in the same percentage ratio up or down on the date of the following month.
§ 10 Violation of obligations and compensation
If it is determined when the subscription object is returned that the Subscriber has not fulfilled its obligations set out in § 8, Synap IoT has the right to invoice the costs for the removal of defects and damage. The repairs required to remedy the defects and damage must be announced to the tenant in terms of scope and costs before the start. Unless the other is discussed, how are costs on:
12 monthly rents, after 6 months of use, and on
6 month’s subscription limited, after one year of use or more, but not less than 100 €.
§ 11 Condition of the device and notification of defects
(1) All devices are checked before dispatch and with The Subscriber is entitled to check the subscription property 5 working days before the start of the rental and to return it within 10 working days. Identifiable defects must be reported immediately. Hidden defects must be reported to the Synap IoT immediately after detection.
(2) A replacement device may be delivered immediately, and the first device returned as soon as possible. Synap IoT must remedy defects that were justified upon delivery or immediately after detection, at their own expense. The Subscriber must give Synap IoT the opportunity to remedy these defects. After written confirmation from Synap IoT, the Subscriber can remedy the defects themselves or have them carried out. Synap IoT then bears the necessary costs.
(3) If there is no defect, the Subscriber bears the inspection costs including the costs for arrival and departure.
§ 12 Subscriber's liability, risk distribution and insurance
(1) The Subscriber is liable for damage to the rental property during the rental period, regardless of whether this was caused by him, his vicarious agents, by staff provided or third parties. Losses caused by burglary, theft, fire, explosion or other events at the site are at the expense of the tenant.
(2) If a damage event occurs, the Subscriber must immediately inform Synap IoT in writing, stating the time and cause of the damage event and the extent of the damage.
(3) In the event of loss or destruction (total damage) of the subscription property, cash compensation is to be paid in accordance with §10.
(4) In the event of damage to the rental property, the Subscriber must reimburse the amount required to repair the rental property.
(5) Synap IoT is not liable for the correctness of manufacturer information.
(6) The Subscriber releases Synap IoT from third-party claims arising from the time in which the Subscriber had the device in his disposal.
§ 13 Limitation of liability
Claims for damages against Synap IoT, in particular compensation for damage that has not arisen on the subscription property itself, can only be asserted by the Subscriber
a) in the event of gross negligence on the part of Synap IoT, its legal representatives or vicarious agent’s;
b) in the event of culpable breach of essential contractual obligations (= obligations whose fulfilment enables the proper execution of the contract in the first place and on the observance of which the contractual partner can usually rely), but limited to the contract-typical, foreseeable damage;
c) in the event of injury to life, limb or health, which is based on a negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agent or
d) if Synap IoT is liable under the Product Liability Act.
With everything else together with dataloss, liability is excluded.
§ 14 Data usage
§ 15 Termination
(1) The subscription contract concluded over a certain subscription period cannot be terminated properly for both contracting parties. With an agreed minimum subscription period, this applies accordingly for the period. If no extension is desired, a cancellation must be submitted in writing one month before the contract expires.
(2) In the case of subscription contracts for an indefinite period after the end of the minimum rental period, the notice period is 1 month.
(3) The notice of termination must be given in writing.
(4) The subscription can be terminated at any time if there is an important reason, especially in the following cases:
(5) From Synap IoT,
a.) if the Subscriber uses the device or part of it in violation of the contract or moves it to another location without the prior consent of Synap IoT,
b.) if the Subscriber passes the device on to a third party or surrenders rights from this contract or grants rights of any kind to the device without the prior consent of Synap IoT,
c.) if the Subscriber is in arrears with the rental payment for more than 7 days.
(6) On the part of the Subscriber,
a.) if he is prevented from exercising the right of use by confiscation or attachment by a creditor Synap IoTs in accordance with § 8.
b.) if the repair time for the repair of the defects affecting the operability of Synap IoT is due, exceeds ten working days.
(7) In the event of termination without notice, the Subscriber is obliged to immediately inform Synap IoT of the location of the subscription items. Synap IoT is entitled to block the subscription object immediately and to collect it and to dispose of it otherwise at the expense of the Subscriber who must provide access to the subscription object.
§ 16 Severability clause, place of jurisdiction, choice of law
(1) Should a provision be or become ineffective, the remaining provisions are not affected.
(2) Place of performance and jurisdiction for all disputes arising from the contract between the contracting parties is Munich.
(3) Only German law applies to the contractual relationships.