Terms of use for the Customer Portal of Instrument Systems GmbH

The following General Terms of Use apply to the use of the customer Portal of Instrument Systems GmbH, Kastenbauerstr. 2, 81677 Munich (hereinafter "Instrument Systems") and the services offered there by the in the version valid at the time of registration of the User. These Terms of Use (hereinafter referred to as "Terms") govern access to and use of the customer Portal (hereinafter referred to as "Portal") of Instrument Systems GmbH (hereinafter referred to as "Instrument Systems", "we", "us" or "our"). By registering and using the Portal, you agree to these Terms. Registration for the Portal is reserved exclusively for business partners who, when registering and using the Portal, are acting in the exercise of their commercial or independent professional activity (entrepreneurs within the meaning of Section 310 (1) BGB). Private use is excluded. Conflicting terms and conditions of the User shall expressly not apply unless Instrument Systems expressly agrees to their validity in writing.

1. Access and Registration

1.1 Instrument Systems offers the use of a customer Portal (hereinafter referred to as "Portal") on the website www.instrumentsystems.com, through which various contents are offered. The Terms apply to all Users without restriction. "User is any person who accesses the Portal and/or uses the services offered, regardless of whether this person has registered or not." 

1.2 In order to gain access to the Portal, you must register and create a User account. When registering, you must provide complete and correct information. If the User does not provide sufficient proof of authorization, validation of the customer request may fail and account opening and/or provision of data access in the Portal may be refused without justification. The User cannot derive any legal claims for damages or other rights from this.

2. Use of the Portal

2.1 The purpose of the Portal is to provide access to technical information, support documents, software updates and other resources provided by Instrument Systems in connection with its products. The requirement for accessing and using the Portal is that the User agrees to the Terms and takes note of the data protection information. The current version of the data protection information can be viewed at www.instrumentsystems.com in the footer under Data protection. The User declares his/her consent and confirms receipt of the data protection information by confirming the corresponding checkbox during the online registration process. 

2.2 The presentation of the customer Portal by Instrument Systems on the website or in other media does not constitute a binding offer by Instrument Systems. Rather, the User is given the opportunity to submit a binding offer to conclude a contract of use with Instrument Systems. 

2.3 During the registration process, the User is asked to enter personal and company data as mandatory information. The User will receive confirmation of the activation of his access to the e-mail address provided during registration. There is no legal entitlement to registration. Instrument Systems is entitled to refuse registration without giving reasons. 

2.4 After all required data has been provided, Instrument Systems will check it for completeness and plausibility. If the information is correct from Instrument Systems' point of view and there are no other concerns from Instrument Systems' point of view, Instrument Systems shall activate the Portal access and notify the contractual partner of this by e-mail to the e-mail address specified for the User. This confirmation e-mail shall be deemed as acceptance of the User's application for registration. Upon receipt of this e-mail, the User is authorized to use the Portal in accordance with these Terms. The Corporate User shall notify Instrument Systems immediately of any problems with registration. 

2.5 The information provided by the User must be complete and correct. If this data changes in the course of the User relationship, the User must correct the data in the Portal immediately in the account settings and/or personal settings. 

2.6 In accordance with these Terms, the User is granted the simple, non-exclusive, non-transferable right to use the information provided for the User's own purposes, limited to the duration of the User contract. 

2.7 Instrument Systems shall exercise the customary care in selecting and maintaining the content/information that can be accessed via the customer Portal. However, the completeness, accuracy and timeliness of the content cannot be guaranteed. The User must report any defects, faults or damage immediately. 

2.8 The Instrument Systems customer Portal currently (as at: 01.06.2024) provides the following modules "Downloads" module: This allows the User to download general information for new devices and after recalibration such as software, manuals and calibration data free of charge.

3. Content and Copyright

3.1 All content on the Portal, including text, graphics, logos, images, software and documentation, is the property of Instrument Systems or its licensors and is protected by copyright laws and other intellectual property rights. 

3.2 Instrument Systems grants the User a non-exclusive, non-transferable, revocable license to use the content on the Portal solely for the intended purpose. Any other use requires the prior written consent of Instrument Systems.

4. Modification of the Portal Content or Conditions

4.1 Instrument Systems endeavors to further develop the customer Portal and its contents and functionalities and to adapt them to the requirements of the Users. Instrument Systems therefore reserves the right to change existing modules and to add new modules, provided that the changes are reasonable taking into account the interests of the Users and Instrument Systems. This is particularly the case if the changes are without economic disadvantages for the User, e.g. when adapting the Portal and the system to the state of the art, changes to optimize the system, in particular to improve User-friendliness, as well as changes to the content, insofar as the latter are necessary to correct errors, to update and complete, to optimize programming or for licensing reasons or to expand the free content of the Portal. If a change leads to a significant change in functionality, Instrument Systems shall endeavor to inform the User in good time. The User's access to data provided in the Portal may subsequently be limited in time. After a period of 36 months after delivery or recalibration, the instrument data will no longer be available on the Portal. Instrument Systems cannot be held liable for any disadvantages resulting from this. The User must save important data in his own systems in good time. Instrument Systems accepts no liability for delays in downloading certain data. 

4.2 Instrument Systems reserves the right to change these Terms at any time. Changes will be communicated to you in good time by e-mail or by a notice in the Portal. Continued use of the Portal following a change shall be deemed to constitute acceptance of the amended Terms.

5. Responsibility for Access Data and Access to the Portal and Services

5.1 You may not use the Portal for purposes that are unlawful or in breach of these Terms. In particular, it is prohibited 
- Upload content that is prohibited or contains viruses or malicious software. 
- Use the Portal to gain unauthorized access to our systems or the systems of third parties. 
- Copying, distributing or using the content provided for commercial purposes, unless this is expressly permitted. 

5.2 Access data, including the password, must be kept secret by the User and must not be made accessible to third parties under any circumstances. The User shall be responsible for maintaining the confidentiality of the access data. All passwords assigned by Instrument Systems after registration must be changed immediately by the User to passwords known only to the User. Should you become aware of any misuse of your access data, you are obliged to inform us immediately. Instrument Systems is not liable for the loss of access data. 

5.3 It is also the responsibility of the User to ensure that access to the Portal and use of the available services is carried out exclusively by the User or by persons authorized or appointed by the User. 

5.4 The User shall take appropriate measures to prevent unauthorized third parties from accessing the Portal and the services available on the Portal. The User is obliged to notify Instrument Systems immediately of any unauthorized use of his access. The User shall be liable for any misuse of access for which he is responsible. 

5.5 The User may not use any devices, products or other means to circumvent or overcome the technical measures of Instrument Systems. In the event of misuse of the Portal, Instrument Systems shall be entitled to block the User's access immediately. Further rights and claims of Instrument Systems, in particular the right to extraordinary termination for good cause and claims for damages remain unaffected. 

5.6 The User is responsible for ensuring that the technical requirements for access to the Portal are created and maintained in his area, in particular with regard to the hardware and operating system software used, the connection to the Internet and the current browser software. The User is obliged to take the necessary precautions to secure his systems, in particular to use the current security settings of the browser and to use current protection mechanisms to ward off malware.

6. Termination of Access

6.1 Instrument Systems may, at its sole discretion, temporarily or permanently block access to the Portal in whole or in part if there are concrete indications that these Terms and/or applicable law are being or have been violated. When deciding whether to block access, the legitimate interests of the User will be given due consideration. If the User repeatedly violates these Terms despite being notified, Instrument Systems reserves the right to permanently block access and exclude the User from future participation in the Portal.

6.2 In addition, Instrument Systems may, at its own dutiful discretion, permanently block access due to inactivity. If Instrument Systems intends to block access due to inactivity, Instrument Systems shall inform the User of the intended blocking due to inactivity by e-mail one month prior to the blocking. 

6.3 In the event of temporary or permanent blocking, the User's access authorization will be reactivated after the blocking period has expired or the reason for blocking has finally ceased to exist and the User will be notified of this by e-mail.

6.4 A permanently blocked access authorization cannot be restored. In this case, a new registration is required. The User has no legal claim to acceptance of the registration offer. 

6.5 The right of the User and Instrument Systems to terminate the contract for good cause remains unaffected. Good cause on the part of Instrument Systems shall be deemed to exist in particular if the conditions for permanent blocking are met. 

6.6 Portal access and access to the services shall end upon termination of use. In this case, the User shall be blocked and all passwords deleted at the time of termination. Instrument Systems shall be entitled and obliged to irretrievably delete all data generated in the course of using the Portal after the expiry of any statutory retention periods. For personal data, the applicable data protection regulations apply in accordance with the data protection guidelines.

7. Protection of Content, Responsibility for Third-party Content

7.1 The content available on the Portal originates partly from Instrument Systems and possibly partly from third parties. Third-party content is hereinafter collectively referred to as "third-party content". 

7.2 The content and third-party content available on the Portal are protected by copyright, trademark and competition law or other intellectual property rights and are the property of Instrument Systems, the contractual partners of Instrument Systems or other third parties who have made the respective third-party content available. Computer programs are subject to the protection of §§ 69a ff. of the German Copyright Act (UrhG), manuals and documentation as well as provided works are subject to the protection of § 2 UrhG. The rights of third parties to the protected works remain unaffected. Trademarks, company logos, other marks or proprietary notices, copyright notices, serial numbers and other identifying features may not be removed or altered either in electronic format or in printouts. The User may only use this content in accordance with these Terms or the Special terms and conditions of Use/Contract. Rights of use that may be exercised on the basis of statutory licenses - in particular in accordance with Sections 60a et seq. of the German Copyright Act (UrhG) - are not granted in the Terms and are not affected by them. 

7.3 The Portal may contain third-party content over which Instrument Systems has no control. Instrument Systems does not check third-party content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose. The User should subject the content to a plausibility check appropriate to the intended use. 

7.4 The Portal may contain links to external websites of third parties over whose content Instrument Systems has no influence. Therefore, Instrument Systems cannot assume any liability for such third-party content. The respective provider or operator of the linked pages is always responsible for the content of the linked pages. However, permanent monitoring of the content of linked pages is not reasonable without concrete evidence of an infringement. Instrument Systems will remove such links immediately upon becoming aware of any legal infringements.

8. Availability

8.1 Instrument Systems makes every effort, but cannot guarantee that the services offered on the Portal will be fully available at all times. 

8.2 Instrument Systems cannot guarantee that information will be provided promptly and without delay. In the case of time information, the underlying time zone must be taken into account. 

8.3 Instrument Systems has the right to temporarily shut down the offered services of the Portal or parts thereof for maintenance purposes (planned or unplanned), for adjustments, improvements or removal. Instrument Systems shall endeavor to carry out such a shutdown outside office hours (CET) if possible and - as far as possible - to inform the Users before the shutdown. 

8.4 Instrument Systems shall in no event be liable for any damages incurred by the User in connection with the shutdown for maintenance purposes, changes or improvements to the services of the Portal.

9. Data protection

9.1 Instrument Systems takes the protection of personal data seriously. The personal data resulting from the User's registration to use the Portal and from the use of the available services shall only be collected, stored and processed by Instrument Systems to the extent that this is necessary for the use of the Portal and its contents and is permitted by law or ordered by the legislator. 

9.2 The use and handling of the User's data is governed by the data protection policy for the Portal, the current version of which can be accessed, viewed and printed out at www.instrumentsystems.com in the footer under data protection. Upon request, Instrument Systems will provide the User with a printed copy of the privacy policy.

10. Limitation of Liability, Statute of Limitations

10.1 Instrument Systems shall be liable in accordance with the law for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of Instrument Systems. 

10.2 For a slightly negligent breach of obligations, the fulfillment of which is essential for the proper execution of a contract and on the observance of which the contractual partner may regularly rely to a particular extent (essential contractual obligations/cardinal obligations), the liability of Instrument Systems is limited to foreseeable and typically occurring damages. Otherwise, liability for simple negligence is excluded. Any existing liability of Instrument Systems under the Product Liability Act remains unaffected. The above limitations of liability shall also apply to breaches of duty by Instrument Systems' legal representatives or vicarious agents. Insofar as Instrument Systems' liability is excluded on the basis of the above provisions, this shall also apply to the personal liability of Instrument Systems' employees and vicarious agents. 

10.3 Instrument Systems assumes no liability for the accuracy, completeness and timeliness of the content provided on the Portal. Use of the content is at the User's own risk. Instrument Systems shall not be liable for any damage caused by the User. Instrument Systems shall not be liable for incorrect operation by the User. 

10.4 Instrument Systems shall only be liable for loss of data in accordance with the above paragraphs if such loss could not have been avoided by reasonable data backup measures taken by the User.

11. General provisions

11.1 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

11.2 The German version of these Terms shall prevail. 

11.3 The exclusive place of jurisdiction for disputes arising from and in connection with these Terms shall be Munich if the User is a merchant, a legal entity under public law or a special fund under public law or if the User has no general place of jurisdiction in Germany. However, Instrument Systems reserves the right to take legal action against a User who does not have a general place of jurisdiction in Germany before the otherwise competent courts. 

11.4 Should individual provisions of these Terms be or become invalid, ineffective or unenforceable in whole or in part, or should a gap be found in these Terms, the remaining provisions of these Terms shall remain effective. 

11.5 If individual provisions of these Terms are invalid or unenforceable, the Terms shall be governed by the statutory provisions. In the absence of such a statutory provision, Instrument Systems and the User shall replace the invalid provision with a provision that they would have agreed from the outset, taking into account the economic interests of both parties. The preceding sentence shall apply accordingly if it turns out that this contract contains gaps.

12. Contact

If you have any questions or problems in connection with the use of the Portal, please contact our customer support: 

Instrument Systems GmbH 
Kastenbauerstr. 2 
1677 Munich Munich, Germany 
Phone: +49 89 45 49 43-0 
E-mail: info@instrumentsystems.com 

Munich, July 2024