§ 1 Scope of application
The General Terms of Use govern the relationship between HASIT Trockenmörtel GmbH (hereinafter referred to as HASIT) and users who use the “Product Finder”, which is provided free of charge and without obligation.
§ 2 Intended use
With the “Product Finder”, HASIT provides the user with an initial non-binding selection aid free of charge. This is not intended to replace individual advice on the use, suitability, usability, etc. of HASIT products. We only provide binding information, advice, recommendations or explanations in the context of individual communication.
§ 3 Liability
(1) The “Product Finder” is structured in such a way that the data entered by the user generates certain results. It is not the responsibility of HASIT, but of the user, the planner or the person responsible for the project in question to check these results before using them and to ensure that they are actually suitable for the respective application. The user himself is responsible if and insofar as he bases his decisions on the results of the “Product Finder”.
The results of the “Product Finder” correspond to the latest state of technical testing and experience in the use of our products. This does not release the planner or the user from their individual obligation to test the products and materials professionally for their suitability for the intended use under the respective project conditions on their own responsibility. The results are therefore merely an aid without guarantee of accuracy or precision of the calculation for a specific application.
HASIT is not responsible for planning, results, costs or similar if these are based solely on the results of the “Product Finder” used. Nor is HASIT responsible for ensuring that the state of the art and safety concerns were taken into account in the planning by the user.
(2) HASIT has no influence on the object conditions and the various factors that may affect the processing and use of its products. Therefore, no guarantee of a work result or liability, regardless of the legal relationship, can be established from the information obtained with the “Product Finder”, unless we are guilty of intent or gross negligence in this respect.
(3) HASIT has created the “Product Finder” with due care and accuracy. Nevertheless, it does not guarantee the use of the results in terms of correctness and accuracy. The “Product Finder” is provided “as is” and without any express or implied warranty.
(4) Furthermore, HASIT offers no guarantee that the available functions of the “Product Finder” are free from interruptions and errors.
(5) No legal claims can be made for damages resulting from the use of HASIT products for purposes other than those intended and described without the prior written consent of HASIT. HASIT disclaims all liability for direct, indirect, incidental or consequential damages, losses or costs in connection with or resulting from the inability to use the “Product Finder” for a specific purpose.
(6) Insofar as HASIT is liable in accordance with the above provisions, this liability is as follows:
In cases of intent or gross negligence on the part of HASIT or a representative or vicarious agent and in the event of culpably caused injury to life, limb or health, HASIT shall be liable in accordance with the statutory provisions.
Otherwise, HASIT shall only be liable under the Product Liability Act, for culpable breach of material contractual obligations or insofar as HASIT has fraudulently concealed the defect or has assumed a guarantee for the quality. However, the claim for damages for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless another of the cases listed here applies at the same time.
The aforementioned provisions shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or tort. They also apply to claims for compensation for futile expenses. A change in the burden of proof to the detriment of the user is not associated with the above provisions.
§ 4 Rights of use
HASIT is the exclusive rights holder to its “Product Finder”. It reserves all rights to the software unless these have been expressly granted to the User in these Terms of Use. HASIT grants the user a simple, perpetual right to use the “Product Finder” (hereinafter “license”). The license entitles the user to use it for its intended purpose.
In particular, the user is prohibited from reproducing, renting or leasing the “Product Finder” in whole or in part, translating, editing or otherwise redesigning the software, sublicensing the software or publicly reproducing the software by wire or wireless means, including making it available to the public in such a way that it is accessible to members of the public from places and at times of their choice. The user is also prohibited from decompiling, disassembling or reverse engineering the software, unless the user is entitled to do so under the relevant mandatory copyright law.
§ 5 Final provisions
There are no collateral agreements to these Terms of Use. Amendments or additions are only possible in writing with the consent of HASIT.
These Terms of Use apply exclusively. Any terms and conditions of the User that deviate from or conflict with these Terms of Use shall not apply; this shall also apply even if HASIT does not expressly object to the User's terms and conditions.
Should individual provisions of these Terms of Use prove to be invalid, void or unenforceable or become invalid, void or unenforceable, this shall not affect the validity of the agreement as a whole. In this case, the parties shall replace the invalid, void or unenforceable provision with a provision that comes closest to the intended purpose in a legally permissible manner.
The exclusive place of jurisdiction for all disputes arising from and in connection with the use of the “Product Finder” is the registered office of HASIT. The user relationship and all disputes arising from or in connection with this contractual relationship are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
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Freising, January 2024