Terms of use

Effective Date: January 01, 2020

controlex GmbH as the brand owner of GroupLotse (“GroupLotse”, “we”, “us”) offers a virtual group assistant for the digitization of decision-making processes, which can be accessed via various third-party services (collectively, the “Service”) and websites, most notably grouplotse.com (the "Website") can be used.

Address: controlex GmbH – GroupLotse, Philosophenweg 31-33, 47051 Duisburg, Germany or by e-mail to TERMS OF USE@grouplotse.com.

GroupLotse distinguishes three different types of users depending on the GroupLotse products used:

• We call the users of the websites "website visitors".

• Users using a free version of the GroupLotse Service are “free users”. Free Users can access and use the Service, but their access to Service features and functions is more limited than that of Subscribers.

• We refer to users who use the Service as part of a paid GroupLotse subscription as “Subscribers”. The Service features and functions available to Subscribers depend on the type of subscription and the specific conditions, according to an agreement between GroupLotse and the organization (e.g. your employer or another legal or natural person, referred to as "Customer"). separate agreement governing the provision of, access to, and use of the Service (the “Customer Agreement”).

For purposes of these Terms, we refer to these three types of users collectively as "users" or "you." Regardless of what type of user you are, these Terms create a legally binding agreement between you and GroupLotse and set out the rules for your use of the Service and the Websites. By accessing or using the Service and the Websites, you confirm that you have read, understood and accept these Terms and our Privacy Policy. Please do not access or use the Service and the Websites if you do not agree to these Terms.

We may change these Terms at any time. Please check this page regularly for updates. We will notify you of changes to these Terms in accordance with applicable legal obligations. Your continued use of the Service and the Websites following any such update will constitute acceptance of those changes.

I. Eligibility and Scope

A. General

You must be at least 18 years of age and capable of accepting these Terms to use the Service and the Websites. If GroupLotse has prohibited you from accessing the Service and the Websites in the past, you are not permitted to access or use the Service and the Websites.

B. Territorial Scope

These terms apply to users within the European Union.

II. Registration and Use

A. Registration and Confidentiality

In order to access the Service and Websites, you must register for a GroupLotse account by providing a phone number, username and password. You agree to provide accurate, complete, and current registration information about yourself. You are responsible for ensuring that your password remains confidential and secure. By registering, you confirm that you are fully responsible for all activities that occur using your username and password. We may assume that any communications we receive about your account are yours. If you are an invoice processor or administrator, or if you have confirmed in writing that you have authority to make decisions on behalf of a customer ("Account Administrator"), you represent that you have authority to make decisions on behalf of the customer and confirm that GroupLotse can rely on your instructions.

B. Unauthorized Account Use

You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. You understand and agree that we may request information from you that may be used to verify your identity and to help maintain the security of your account. GroupLotse will not be liable for any loss, damage, liability, expense, or attorneys' fees that you may incur as a result of another person using your password or account, with or without your knowledge and/or permission, whether or not you tell us through the informed unauthorized use or not. You will be responsible for any loss, damage, liability, expense, and attorney's fees incurred by GroupLotse or a third party as a result of another person using your account. In the event that the Account Administrator or Customer loses access to an Account or otherwise requests information about an Account, GroupLotse reserves the right to request any confirmation from the Account Administrator or Customer, as deemed necessary by GroupLotse, prior to, in its sole discretion GroupLotse will restore access to the account in question or provide information about that account.

III. Our intellectual property rights

The Service and Websites are owned and operated by GroupLotse and contain Materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and service marks ) which are derived in whole or in part from materials provided by GroupLotse and its partners as well as from other sources and which are protected by copyright law of the Federal Republic of Germany, provisions of international treaties, trademarks, service marks and other intellectual property rights. You agree to comply with all applicable copyright and other legal regulations and any additional copyright notices or restrictions on the Service and the websites. You acknowledge that the Service and the Websites have been developed, compiled, prepared, revised, selected and arranged by GroupLotse and others using methods and standards of judgment the development and use of which have required significant investment of time, effort and money and which constitute valuable intellectual property of GroupLotse and others. You agree to notify GroupLotse immediately upon becoming aware of any allegation that the Service and the Websites infringe any copyright, trademark or other contractual or statutory right. Any unauthorized use of material contained on or through the Service and Websites may violate copyright laws, trademark laws, privacy, publicity and communications statutes and statutes.

IV. User Content and Feedback

A. User Content and Submissions to the Service

The service enables you to forward messages from IoT devices in groups and to bring about group decisions, which can also relate to the initiation of automated processes (including controlling other IoT devices). Any information shared with a group is referred to as the "User Content". User Content entered or otherwise made available to the Service is subject to the following terms:

1. Free User Content
Free Users retain ownership of the User Content they submit to the Service ("Free User Content"). By submitting Free User Content, Free User Content grants GroupLotse a license to access, use, copy, reproduce, process, adapt, publish, transmit and display such Free User Content as permitted under GroupLotse's Privacy Policy, including where required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content from the Service that violates these Terms or that is otherwise objectionable in GroupLotse's sole discretion.

2. Subscriber Content on the Service
Content submitted to the Service by Subscribers (“Subscriber Content”) is owned and controlled by Customer pursuant to the introduction to these Terms and the Customer Agreement. GroupLotse has a limited, nonexclusive, and nontransferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host and display Subscriber Content for the following limited purposes:

• maintain, provide and improve the Service;

• Prevent and resolve technical or security issues and resolve support requests;

• Conducting an investigation if we have a good-faith belief, or have received a complaint, that Subscriber Content violates the Customer Agreement or these Terms;

• Complying with valid subpoenas, requests, or other lawful process consistent with the requirements of the Customer Agreement; and

• to the extent otherwise specified in our customer contract or expressly approved in writing by the customer.

B. Feedback on the Sites

The Sites may have certain features that allow you to submit comments, information and other materials (collectively, "Feedback") to GroupLotse and share that feedback with other users or the public. By submitting Feedback through the Sites, you grant GroupLotse a license to access, use, copy, reproduce, process, adapt, publish, transmit, host and display such Feedback for any purpose (including in testimonials or other GroupLotse marketing materials and to the extent permitted by law required or made in good faith to comply with legal process). We reserve the right, in our sole discretion, to remove feedback posted on public forums for any reason.

C. User Content and Feedback Statements

You acknowledge and agree that you have all necessary rights to submit User Content and Feedback without violating any third party rights. You understand that GroupLotse has no control over and is not responsible for User Content or Feedback and that while using the Service and/or the Sites you may be exposed to User Content or other User Feedback that is offensive, indecent, inaccurate, misleading or otherwise are objectionable. Also, please note that User Content and Feedback may include typographical errors, other unintentional errors or inaccuracies. You agree that you will hold GroupLotse harmless from any and all claims arising out of any User Content or Feedback you submit through the Service and/or the Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of any such dispute. In any event, you will cooperate with us to enforce any available defenses.

V. License and Permitted Use

A. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access the Service and the Websites for your own internal use only and only in a manner that is consistent with any legal requirement , which apply to you or your use of the Service and the Websites, including the GroupLotse Privacy Policy and these Terms. GroupLotse may revoke this license at any time in its sole discretion.

B. Permitted Use

All users must comply with the following rules for acceptable use of the Service and the Websites.

1. Interruption of Service. You are prohibited from:

• Accessing, manipulating or using non-public areas of the Service and the websites, GroupLotse's computer systems or GroupLotse providers' technical support systems;

• Scanning, querying, or testing the vulnerabilities of any system or network, or breaching or circumventing security or authentication measures;

• Accessing or browsing the Service and Websites by means other than GroupLotse publicly supported interfaces (e.g., "scraping");

• Attempting to disrupt or overload our infrastructure by intentionally making inappropriate requests or straining our resources (e.g. by using "bots" or other automated systems to send requests to our servers in excess of what a human users could send in the same period); or

• Interfere with or disrupt access to any user, host or network, including but not limited to sending viruses, overloading, flooding, spamming, mail bombing the Service and Websites, or scripting the creation of User Content in any manner permitted by the Service and the Websites or impose an unreasonable burden on the Service and the Websites.

2. Misuse of the Service and Websites. You may not use the Service and the Websites to conduct, promote or support any of the following:

• illegal or fraudulent activity;

• Impersonate or misrepresent any affiliation with any person or entity in any way that misleads, confuses or deceives others, or intends to do so;

• Activities that are defamatory, libelous, threatening, or constitute hate speech, harassment or stalking;

• Publish or post private or personal information of another person without their express permission and consent;

• Sending unsolicited messages, promotions, advertising, or spam;

• Post or link to harmful content designed to damage or disrupt another user's browser or computer; or

• Promote or endorse any product or service other than your own without proper authorization;

3. Standards for User Content within the Service and Websites. You may not post any User Content on the Service or the Websites that:

• violate any applicable law, the intellectual property rights of others, the rights of publicity, or the right to privacy or publicity;

• is misleading, fraudulent, unlawful, obscene, pornographic, defamatory, libelous, threatening, hate speech, harassing or stalking;

• receive personal information from minors;

• Contains sensitive personal information such as financial information, payment card numbers, social security numbers, or health information without Asana's prior written consent as part of a Customer Agreement;

• contain viruses, bots, worms or similar harmful materials; or

• Contains information that you do not have a right to make available by law, contractual or fiduciary duty.

Violations of this Section V. In addition to any other remedies we may have, GroupLotse reserves the right to seek any remedies GroupLotse deems necessary, including immediately suspending or terminating your account or your access to the Service or the Websites upon notice and excluding GroupLotse's liability, if you fail to follow the rules in this Section V or if, in GroupLotse's sole discretion, such action is necessary to prevent disruption of the Service or the Websites to other users. If you are a Subscriber, GroupLotse reserves the right to notify Customer's account administrator(s) or other Customer representative(s) of any breach of these Terms.

VI. privacy

For information about how we collect, use and share the information we collect from and about you, please see our Privacy Policy, which is incorporated into these Terms by reference.

VII. Limitation of Liability

If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence; however, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious result of our breach or if it was an accepted order. We also make the Service and the Websites available for your internal use only. We will not be liable to you for any loss of profits, loss of business, business interruption or loss of business opportunity resulting from your use of or reliance on the Service and the Websites. In no way does it exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, and for breach of your legal rights in relation to the Service and the Websites.

The information presented on or through the Service and the websites is provided for general informational purposes only. We do not endorse the accuracy, completeness or usefulness of this information. You rely on any such information solely at your own risk.

VIII. Malware

We cannot guarantee that files available for download from the Internet or our Service or Websites are free from viruses or other destructive code. You are responsible for establishing procedures and control points sufficient to meet your specific requirements for antivirus protection and accuracy of data input and output, and for maintaining a means off the Service and the Websites to recover lost data.

IX. External Links and Services

The Service and the Websites may

• information and content provided by third parties;

• Links to third-party websites or resources, such as B. Sellers of goods and services; and

• Contain third party products and services for sale directly to you.

GroupLotse is not responsible for the availability of such external websites or resources. GroupLotse is not responsible or liable for

• Content, advertising, products or other materials available on or from such websites or resources,

• Errors or omissions on these websites or resources or

• Information handling practices or other business practices of the operators of those websites or resources.

You further acknowledge and agree that GroupLotse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked website or resource. Your interactions with such third parties are governed by their terms and conditions and privacy policies and any other similar provisions.

X. Amendment

GroupLotse reserves the right to modify or discontinue, temporarily or permanently, the Service and the Websites (or any part thereof) at any time, with or without notice. You acknowledge that GroupLotse shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and the Websites.

XI. Applicable Law

Please note that these terms, their subject matter and their formation are subject to German law. However, if you reside in another country, you can benefit from any mandatory provisions and legal rights available to you under the law of that country. These Terms do not affect your rights as a consumer to rely on mandatory provisions of local law.

You may contact GroupLotse at dispute-notice@grouplotse.com in the event of any complaints or disputes regarding the Service. You and GroupLotse will use best efforts to resolve any dispute, claim, question or controversy in good faith directly through consultation and negotiation; this is a prerequisite for a party to bring an action or any other form of complaint. If we do not reach an amicable settlement of informal dispute resolution within 30 days, any controversy, dispute, claim, cause of action, claim, or cause of action between you and GroupLotse arising out of, under, or relating to the Services shall become our exclusive jurisdiction submitted to the German courts.

XII. Terms and Conditions

A. No Waiver

If we do not insist that you perform any of your obligations under these Terms, or if we fail to enforce our rights against you or delay in doing so, that does not mean that we have waived those rights and that you do not have to perform your obligations. If we refrain from pursuing any default or breach by you, we will only do so in writing; this does not mean that we will automatically refrain from pursuing any future defaults or breaches by you.

B. Severability

The individual provisions of these Terms are severable. If any court or relevant authority decides that any provision is illegal or unenforceable, the remaining provisions will continue to apply in full.

C. Miscellaneous

The titles of the sections of these Terms are for convenience only and have no legal or contractual effect.

D. Notices

We may provide you with notices via email, by posting a notice on the Service and Websites, or by any other method we choose; the notices are effective upon dispatch. Your communications to us are effective upon receipt and must be sent to the following physical or email address:

1. controlex GmbH – GroupLotse, Philosophenweg 31-33, 47051 Duisburg, Germany; or

2. terms-questions@grouplotse.com.

XIII. Questions

If you have any questions about these terms, email us at terms-questions@grouplotse.com.