(1) The Spelsberg Bike Charging Station "BCS SMART" system is a system for charging e-bike batteries and includes a charging station, the BCS Cloud solution with operator portal (so-called "BCS Management Portal") and a BCS Finder mobile app (referred to as System, service). The app is intended for use by end users, the charging station / cloud / management portal solution is aimed at commercial end customers.
This system is provided by Günther Spelsberg GmbH + Co. KG, Im Gewerbepark 1, D-58579 Schalksmühle (hereinafter referred to as "Spelsberg") to the operators of such a charging station (hereinafter referred to as "operator").
(2) These terms of use apply to all services provided by Spelsberg in connection with the use of the “BCS SMART” system for entrepreneurs, ie for natural or legal persons or partnerships with legal capacity who are engaged in a commercial or independent professional activity.
(3) These terms of use apply exclusively. General terms and conditions of the operator only apply to the extent that Spelsberg has expressly agreed to them in writing.
(1) Registration is required to use the BCS operator portal and, in particular, the other smart services. The operator undertakes to provide correct information when registering, to keep the access data selected during registration secret and to make it available to others neither for a fee nor free of charge.
(2) When registering, various data is collected via an input mask. The operator undertakes to choose a secure password consisting of a string of at least six characters and a combination of letters and numbers. The operator undertakes to provide truthful information and to keep the given contact details up-to-date. The specified email address is used as a means of communication (so, for example, when changing the provider, the new address must be specified).
(3) Accounts will be deleted if the registration process has not been completed within 48 hours. An operator can also delete his account in the portal himself.
(4) Access to the Internet and an Internet browser are required for use. The provision of access to the Internet is not part of the contract. The provider owes neither access to the Internet nor the provision of a browser. With the license, the operator acquires access to the services offered. The provider only owes access to these services.
(5) If there are doubts about the operator's true identity or there is suspicion of improper use of the services (misuse), the provider is entitled to block individual accesses. He will then get in touch with the operator concerned. So far If the suspicion of misuse of identity or misuse is proven, the provider is entitled to delete the account.
(6) The provider guarantees an annual average availability of its services of 98%. Due to server maintenance and maintenance of the services of the BCS system, 100% availability cannot be guaranteed.
(1) Spelsberg grants the operator a non-exclusive, non-transferable and limited right to use the Spelsberg "BCS SMART" system. This also includes the right to use the BCS Management Portal and all functions contained therein as a program that can be executed in the browser for the operator's business purposes and purposes permitted
by these Terms of Use.
(2) The customer does not acquire any further rights, in particular the customer is not entitled to reproduce, distribute, make publicly available, change, edit or deviate versions of the system or the functions of the Spelsberg "BCS SMART" system and the charging station to be produced in components or software parts. The granting of sub-licenses is not permitted, the customer is not entitled to the surrender of the source and / or source codes.
Protective measures, anpa
(1) Spelsberg is entitled to take appropriate technical measures to protect against non-contractual use of the Spelsberg "BCS SMART" system.
(2) Spelsberg can change the “BCS SMART” system (including its system requirements) to adapt to technical or economic market changes and for good cause. An important reason exists in particular if the change is due to a necessary adjustment to a new legal situation or case law, changed technical framework conditions (new browser versions or technical standards), the protection of system security or the further development of the system (for clarification: within the scope
of these terms of use However, Spelsberg does not owe any further development of the system) is required.
(1) The use of the Spelsberg "BCS SMART" system is subject to the provisions of these terms of use and is not subject to a fee for an initial period after registration, but is included in the purchase price of the BCS charging station.
(2) If the operator wishes to continue using the Spelsberg "BCS SMART" system after the period specified in Section 5 (1) has expired, he must pay a usage fee for a certain period of time. The usage fees are based on the currently valid price lists for the respective duration of use, which can be called up in the BCS
Management Portal.
(3) The system informs the operator by email in good time before it expires.
(4) The operator can extend the license extension in the BCS Management Portal.
(5) When the license expires, the connected charging station can still be used. The possibilities of smart functions such as control and visualization are no longer available. After the license expires, the operator is no longer entitled to the data stored so far (e.g. statistics). Even with a subsequent extension, there is no entitlement to previously stored data.
Spelsberg provides users with free online support to help them use the Spelsberg "BCS SMART" system.
The support does not include:
General know-how transfer, training, configuration and implementation or customer-specific documentation or adaptation of the system.
Support is provided by email (help.bcs@spelsberg.de).
Spelsberg can adapt these terms of use due to changes in the legal situation, jurisdiction, market conditions or when introducing or changing products and services. Changes are considered accepted with acceptance or renewed use of the services affected by the changes, unless the operator has objected to the changed conditions in writing within a period of four weeks after announcement. Spelsberg will inform the operator separately about this legal consequence when announcing a change. If the operator objects to the change of these terms of use, Spelsberg reserves the right to withdraw the right to use the "BCS Smart" system.
(1) Spelsberg is liable for the damage incurred by the operator in connection with the Spelsberg BCS SMART system, insofar as Spelsberg, its representatives or vicarious agents are guilty of intent or gross negligence.
(2) Spelsberg is also liable for damages incurred by the operator in connection with this contract, insofar as these were caused by Spelsberg, its representatives or vicarious agents through the negligent breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment is necessary to achieve the
objective of the contract. In this case, Spelsberg's liability is limited to the damage that was typically foreseeable when this contract was concluded.
(3) This limitation of liability applies to all obligations to pay compensation, regardless of the legal basis, including, among other things, pre-contractual or secondary contractual claims. However, this limitation of liability does not restrict legally binding liability, including liability under the German Product Liability Act or liability for physical injuries caused by negligence.
(4) The operator is obliged to take effective measures to prevent and reduce damage.
(1) All agreements that contain an amendment, addition or specification of these terms of use, as well as special assurances, guarantees and agreements must be made in writing. If they are declared by representatives or auxiliary persons of Spelsberg, they are only binding if Spelsberg gives its written consent.
(2) Should individual provisions of these terms of use be or become ineffective, the effectiveness of the rest of the terms of use will not be affected. Instead of the ineffective provision, the parties will make an effective provision that the ineffective oneDetermination is as close as possible in terms of content and economy. In the event of loopholes, the parties will make a regulation that they would have made if they had considered the point in question when concluding the terms of use.
(3) The operator can only offset claims other than his contractual counterclaims from the respective legal transaction or assert a right of retention if this claim is undisputed or legally established by Spelsberg.
(4) The parties agree to the application of the law of the Federal Republic of Germany with regard to all legal relationships arising from this contractual relationship.
(5) The place of fulfilment is the seat of Spelsberg.
(6) The exclusive place of jurisdiction for all disputes between the parties arising from or on the occasion of the business relationship is Schalksmühle.