Terms of Use
This user agreement ("Agreement") regulates the use of the online platforms of genua GmbH ("Portals") by customers/partners/members/subscribers ("Users"). By accessing the platform and using its functions, the Users declare their consent to being bound to the terms of this Agreement.
1. Access to the Platform
- Use of this platform shall be enabled by genua GmbH and intended only for the acquisition of information and material as well as for contacting employees of genua GmbH.
 - The platform may be accessed only for purposes in the context of deployment of genua products (Customer Portal) or cooperation within the framework of a sales partnership (Partner Portal).
 - Use of the platforms shall require registration of the User and approval of the User. The user account is not transferable. genua GmbH shall reserve the right to verify the identity of the User.
 - To register on the platform, Users must enter their business contact data. All data requested during registration must be entered completely and correctly.
 - genua GmbH shall reserve the right to check the registration data and to refuse or restrict access rights without stating reasons.
 - Use of our online services shall be permitted only if the User uses a business, person-related email address which clearly indicates the company for which they work.
 - The User shall be responsible for keeping their access data confidential. Disclosure to third parties is not permitted.
 
2. Use of the Platform
- Use of the platform shall be exclusively reserved for business partners of genua GmbH. Use of the platform by private users is not permitted.
 - Use of the platform is free of charge.
 - Use of the platform requires one-off registration and approval of the User; there is no right to approval; genua GmbH is entitled to refuse approval without stating reasons. Provided that there is no objection to the registration, genua GmbH notifies the User by e-mail. This e-mail shall be deemed as acceptance of the User's request for approval to use the platform. From this point onward, the User shall be authorized to use the platform in accordance with the specifications given in these Terms of Use.
 
3. Rights and Obligations of the Users
- The User shall ensure that the applicable statutory provisions are observed. In particular, it is prohibited to disseminate illegal or immoral contents, or to send or disseminate harassing, defamatory or threatening contents.
 - The User may not at any time do anything that could jeopardize or threaten the security of the platform. In particular, it is prohibited to penetrate the data network or attempt to do this (hacking), to send unsolicited mass e-mails (spamming), to use equipment or run applications that lead to or can lead to disruption/changes to the physical or logical structure of the servers or networks.
 - The User shall keep their login data and, where applicable, security features confidential and safeguard them against access by third parties.
 - The User shall be responsible for all activities performed via their user account, even if the activities concerned were not authorized or intended by the User. The User shall be liable for damage resulting from their own use of their user account or from use of their user account by third parties.
 - For access to the Portal, the User must keep the operating system and browser of the terminal equipment up to date and take precautions to protect against malware.
 - If the contact data of the User, especially e-mail, is changed, the User shall undertake to inform genua GmbH of this.
 
4. Intellectual Property
- All contents, material and resources that are available on the platform, including texts, graphics, videos and software, are protected by copyright and remain the property of genua GmbH or the respective copyright holders.
 - Users may download, copy, distribute or otherwise use contents of the platform only for the purpose of the business relationship within the framework of existing (where applicable: support) contracts, or where applicable legislation permits this.
 - The unauthorized use of protected contents can result in civil and criminal penalties.
 - genua GmbH and/or third parties authorized by it and/or third parties who have suffered damage are, in the case of infringements as well as the assertion of claims for damages, also entitled to judicial enforcement and restitution of the legal status.
 
5. Data Protection and Security
- genua GmbH shall undertake to protect the privacy and security of the user data in accordance with the applicable data protection legislation and in accordance with the applicable general data protection regulation.
 - Detailed information can be found in the respective Privacy Policy.
 
6. Exclusion of Liability
- The contents on the platform are compiled with utmost diligence. However, genua GmbH as publisher shall not accept liability for the correctness, completeness and up-to-dateness of the contents provided.
 - Liability of genua GmbH – irrespective of the legal grounds – shall be given only if the damage is attributable to culpable violation of an essential obligation or to gross negligence or intent, or in the case of injury to life and limb. genua GmbH shall not be liable for ordinary negligence, unless it is the simple negligent violation of essential contractual obligations. In this case, genua GmbH shall be liable only for foreseeable damage typical of the contract concerned. Essential contractual obligations are those obligations, the fulfillment of which is necessary for the execution of this contract and upon fulfillment of which the customer may normally rely.
 - Unavailability of the platform or data losses cannot be attributed to genua GmbH.
 - In no event shall the company or a third party that is involved in the development, creation or distribution of the platform, be liable for damage of any kind resulting from the use or inability to use the platform, including – but not limited to – errors, omissions, interruptions, the deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, irrespective of whether these were caused by force majeure, transmission errors, theft, destruction or unauthorized access to the platform/website.
 
7. Amendment and Termination
- The user agreement shall be valid for an indefinite period of time.
 - genua GmbH shall reserve the right to check use of the services at regular intervals and, in the case of non-use or unauthorized use, to withdraw or restrict the access rights.
 - Amendments to the Terms of Use are possible at any time and become legally effective on the day after initial publication.
 - Users shall undertake to inform themselves of significant amendments by calling up or using the updated user agreement.
 - genua GmbH can suspend or terminate use of the platform by a User at any time for good cause, particularly in the case of violation of this agreement.
 - The User can at any time inform us in writing that they no longer want to use the services.
 - When termination takes effect, genua GmbH shall block the login data of the User and delete the user account including all data and documents, etc. stored there.
 
8. Other
- Should individual provisions of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions. The regulation that comes closest to the intended purpose shall apply in place of the invalid provision.
 - These Terms of Use shall be subject exclusively to German law.
 - The place of jurisdiction for all disputes arising from these Terms of Use shall be Munich (Germany).
 - Contact data of genua GmbH:
- E-Mail: info@genua.de
 
 
9. Export Control
- During use of the Portals, software and/or technology is also provided electronically which may be subject to export control restrictions and prohibitions. The User acknowledges that the transfer of software and/or technology to other member states of the EU and the export of goods to third countries outside of the EU customs area may be subject to approval.
 - Access to the software and/or technology from a country outside of the EU customs area is not permitted without the explicit consent of genua GmbH. The User shall undertake to ensure this.
 - genua GmbH and the User shall agree that compliance with the applicable national and/or international export control and/or sanctions legislation (referred to below as "applicable export control legislation") is an essential prerequisite for use of the Portals. genua GmbH and the User shall therefore undertake to comply with and not to circumvent the applicable export control legislation. The Portals may be used only if there is no applicable export control legislation to the contrary.
 - The User shall undertake to ensure that no natural nor legal persons, organizations or institutions (referred to below as "involved party") that are listed in the sanctions lists of the European Union and/or of the USA or any other sanctions list are involved either directly or indirectly in the use of the Portals. Should the User or an involved party be added to one of the above-mentioned sanctions lists during the period of use, the User shall undertake to notify genua GmbH of this immediately.