1.1 DKE-Data GmbH & Co. KG, Albert-Einstein-Straße 42, 49076 Osnabrück (hereinafter: “DKE”) has developed a platform for the manufacturer-neutral and cross-product exchange of agricultural data and information between different recipients ("End points"). The "agrirouter" makes a secure and manufacturer-independent exchange of data possible where users (e.g. farmers, contractors) can decide individually which data to send to whom.
1.2 DKE and the End User shall conclude a contract on these End User Terms by the End User registering at www.my-agrirouter.com, referring to these terms, and creating a personal user account.
2. Usage rights
The End User is granted a non-exclusive, non-transferable right of use to administer its user account. If the End User is a legal entity this right applies to all employees, consultants, contractors and all other third parties, provided that this right is used in the work of the End User.
3. User account
3.1 Registration and administration
3.2 Obligation of proper use
3.2.1 The End User shall be obliged to use its user account only in accordance with the terms and the law.
3.2.1 If any of the End User's data change (name, address, etc.), the End User is obliged to update these data without delay.
3.2.3 The access data to the user account must be kept secret and may not be passed on, used repeatedly or used by more than one person. If the End User is a legal entity the access data may be passed on to and used or utilized by those who require it in the work of the End User.
3.2.4 In particular, the user account must not be sublicensed, licensed, sold, leased or otherwise made available to third parties.
3.2.5 Unless permitted under mandatory law, it is in particular forbidden to copy, translate, disassemble, decompile, reverse engineer or otherwise modify the user account, agrirouter or the cloud services used by agrirouter, in whole or in part, or to create derivative works thereof.
3.2.6 Likewise, any use that violates applicable law is prohibited, in particular the transmission of information and data which violate third-party property rights or laws.
3.2.7 It is prohibited to endanger or circumvent the operation or security of the user account, the agrirouter or the cloud services used by the agrirouter.
4. Connectivity and data transmission
Various machinery, software and apps can be connected to the agrirouter and the data they provide can be transmitted to the respective recipient(s) or endpoint(s). The data transmission takes place between the respective End point and the agrirouter and depends on the settings in the Control Centre. The data transmission and the connectivity are not subject to these End User Terms, but only the user account as per Section 3.
4.1 Control Centre
4.1.1 In the Control Centre, the End User is able to connect and manage any hardware and/or software components or apps and view all the available End points. Furthermore, routes (rules) and authorisations for the exchange of the respective data with individual End points or with groups of End points previously created by the End User can be established or changed. In addition, agrirouter user accounts may be linked.
4.1.2 The End User can decide independently and on its own responsibility which data are to be exchanged with which recipient(s), as well as the quantities and the time periods.
5.2 Data privacy
5.2 Data minimisation
DKE has no interest in the content of the data to be exchanged. Nevertheless, in order to safeguard the functions of the agrirouter, data must be cached or sometimes temporarily stored, e.g. if an End point is unavailable at the time of transmission. In such cases, to avoid loss of data, the data are stored for the duration of the transmission, but no longer than four weeks (buffer). Afterwards the data are deleted automatically. One week prior to the end of this period, the End User shall be notified of the imminent deletion of the data. Data of the End User entered during registration (Subsection 3.1) shall remain unaffected by this.
5.3 Invoice data
A flat rate model (volume independent) is used for billing hardware, software or app providers or other service providers in connection with the use of the agrirouter, without DKE accessing the content of the transported data or otherwise becoming aware of it. There is no direct invoicing between DKE and the End User.
5.4 App and hardware providers
Hardware, software or app providers or other third parties might process personal data of the End User in connection with the use of the agrirouter. DKE has no influence on and shall not be liable for this. Personal data (e.g. name, e-mail) provided by the End User in its user account shall, in any event, not be affected. Reference is made to subsections 6.5and 7.4.
5.5 Standard contractual clauses
5.5.1 With regard to the partial relocation of data processing to third countries by the service provider appointed by DKE, namely SAP Deutschland SE & Co. KG ("SAP"), its affiliates or, from time to time, their sub-contractor, namely Amazon Inc. "("Amazon"), by accepting these End User Terms the End User agrees to be bound by SAP's standard contractual clauses ("SAP Standard Contractual Clauses") and Amazon's standard contractual clauses ("Amazon Standard Contractual Clauses").
5.5.2 This adherence to the standard contractual clauses serves to establish an adequate level of protection in the third countries concerned. Where the End User is controller of the data processing (including the export, i.e. the transfer of data from the European Union or other countries party to the Agreement on the European Economic Area to the relevant third countries), the End User shall be deemed a "data exporter" within the meaning of the SAP or Amazon Standard Contractual Clauses. Within the meaning of these clauses, "data importers" means companies or subcontractors commissioned by SAP or Amazon which are located outside the European Union and the European Economic Area. Upon request, DKE shall provide the End User with the name, address and role of each such company by e-mail.
6. Warranty, liability and limitation period
6.1 DKE shall be liable for claims arising from loss of life, limb or health which are due to a negligent or intentional breach of duty by DKE or a legal representative or vicarious agent, in accordance with the statutory provisions. In all other cases, the following provisions shall apply.
6.2 DKE shall only be liable for intent and gross negligence and for any fraudulent concealment of a defect.
6.3 In the event of gross negligence, claims for compensation shall expire two years after their occurrence where an ordinary employee (who is not a member of the management or senior management of DKE or a company affiliated with DKE) is responsible for the gross negligence.
6.4 DKE expressly recommends the End User to check whether he is subject to particular legal obligations which impose special requirements on the terms of security measures to comply with legal record-keeping obligations (e.g. Section 11 of the German Plant Protection Act - PflSchG) or of the accessibility of important data. The use of the agrirouter user account does not release the End User from fulfilling its own obligations in this regard.
6.5 DKE shall not be liable for incorrectly transmitted data, in particular if the incorrect transmission is due to incorrect use of the Control Centre by the End User or if the app provider has transmitted incorrect data.
6.6 The End User shall be liable for any loss which arises through the End User - contrary to its obligation specified in the above section 3.2 - having granted third parties access to its user account or having negligently made such access possible (including inadequate confidentiality of access data).
7.1 Registration can be terminated ordinarily by the contracting parties at any time. This does not apply to DKE if the End User can legitimately derive a right to use the agrirouter from an effective contract with a third party.
7.2 The right to termination without notice for a compelling reason remains unaffected. A compelling reason exists, for example, if the End User
Death of the End User also represents a compelling reason.
7.3 When termination comes into effect, the right granted to the End User shall expire immediately.
7.4 Relations to third parties
7.4.1 These End User Terms are independent of any contractual relationships the End User may have with manufacturers, app, software or hardware providers or other third parties. These or the content or duration thereof shall not affect the content, duration or existence of these End User Terms.
7.4.2 The establishment and/or termination of a contractual relationship with DKE shall not constitute, alter or terminate any rights vis-à-vis third parties.
8. Other arrangements
8.1 Applicable law
German law only shall apply to these End User Terms and to any claims based on these terms, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.2 Place of jurisdiction
The place of jurisdiction for all disputes arising from and in connection with these terms is Hamburg.
8.3 Contractual amendments
8.3.1 Amendments to these End User Terms must be made in writing. The same applies to the amendment or cancellation of this written form requirement.
8.3.2 Should a provision and/or its amendments or supplements be or become invalid, this shall not affect the validity of the remaining provisions of this contract.
8.3.3 In the event that a provision is ineffective, the Parties shall agree on an effective and acceptable alternative provision which comes as close as possible to the economic purpose pursued by the ineffective provision.
8.4 Export law
The cloud service used for the agrirouter is subject to the export control laws of various countries, in particular the laws of the USA and the Federal Republic of Germany. The End User undertakes not to surrender the user account, the agrirouter or its cloud service to a government authority for the examination of any granting of rights of use or other official approvals without the prior consent of DKE and not to export the user account, the agrirouter or its cloud service to countries or natural or legal persons subject to export bans under the relevant export laws. Furthermore, the End User shall be responsible for compliance with all applicable laws and regulations. Pursuant to the export control laws of various countries, in particular those of the USA and Germany, or due to trade sanctions or embargos, DKE may be obliged to restrict, suspend or terminate access to the user account, the agrirouter or its cloud service.