Terms of Use for the Moosle Platform
In these Terms of Use, we inform you about your rights and obligations in
the context of your registration as a user of the software application
“Moosle” (hereinafter “Moosle App”). The registration takes
place via a separate website, which can be accessed at the URL http://moosle.com/en/register (hereinafter “Moosle User Registration”). We
refer to the Moosle App and the Moosle User Registration) as the “Moosle Platform” below. Please read these Terms of Use and
our Privacy Policy (http://moosle.com/en/legal/privacy) carefully before your use of the Moosle
Platform. Save these Terms of Use and our Privacy Policy (http://moosle.com/en/legal/privacy)
and contact us if you have any questions.
1. Parties Involved
1.1. These Terms of Use govern the usage relationship with respect to
the Moosle Platform between you and us, Moosle GmbH (Im langen Morgen 35, 54536 Kröv, Germany) (“We”).
You use the Moosle Platform as part of your collaboration with one or more of our enterprise customers who use
the Moosle App to manage their farming procedures (“Moosle Customers”).
In this context, you work with one or more Moosle customers within the
framework of a legal relationship existing between you and the Moosle
customer (“customer-user agreement”).
1.2. Your rights and obligations towards the Moosle customer are
exclusively governed by the customer-user agreement.
1.3. These Terms of Use exclusively govern your and our rights and
obligations with respect to the provision and use of the Moosle Platform.
2. Registration and conclusion of the contract
2.1. You accept these Terms of Use by clicking a button during your use
of the Moosle User Registration. You can access these Terms of Use at any
time after the conclusion of the contract under the link “Terms of Use”
accessible in the Moosle platform.
2.2. The user contract concluded according to these Terms of Use includes
the use of all functions of the Moosle platform. The exact scope of
services results from the description of the functions in the Moosle App.
The use of the Moosle platform is free of charge for you.
3. Term and Termination
3.1. The user contract concluded according to these Terms of Use begins
with your registration within the scope of the Moosle User Registration; it
ends with the termination / deletion of the user account. During the term
of the user contract, you are entitled to use the respective functions of
the Moosle platform provided by us.
4. Specification of Services / Rights of Use
4.1. The Moosle App enables you to support Moosle customers with whom
you work in all agricultural procedures of the value chain. In accordance
with the Terms of Use, we provide you with the functions of the Moosle
platform free of charge for use in this context. The central component of
this solution is the Moosle user platform: You only have to register once
and can “connect” to different farms with the data you have stored. Within
the scope of the connection, the data you provided during the registration
process will be transferred to the respective farm.
4.2. We use the Moosle App to use the information transmitted in the course
of your use for the further development of the Moosle App, in the course of
cooperations with manufacturers of agricultural products and for scientific
purposes in the course of cooperations with academic institutions.
4.3. We endeavor to always ensure the transmission of information by you to
the Moosle platform. However, we cannot guarantee this all the time.
4.4. We are entitled to make changes to the Moosle platform at any time, in
particular to modify the structure as well as functionalities, to set up
new ones, to change them or to remove them completely or partially.
4.5. We grant you the simple, non-sublicensable, non-transferable right,
revocable at any time, limited in time and content to the term of your user
agreement, to access the respective current version of the Moosle platform
via telecommunications and to use the functionalities associated with the
Moosle platform in accordance with this agreement. You do not receive any
further rights, in particular to the Moosle platform, the software
application(s) underlying the Moosle platform or the operating software.
4.6. You may not use the Moosle platform beyond the use permitted under
this agreement or have it used by third parties or make it accessible
to third parties.
4.7. Within the scope of your use of the Moosle Platform, the following is
prohibited:
-
Copying, reproducing, distributing, displaying or using the Moosle Platform, in whole
or in part, in any manner not expressly authorized by this Agreement; - selling, lending or otherwise transferring the Moosle platform in whole or in part;
-
reverse engineering, deriving, modifying, adapting, translating, decompiling, or
disassembling the Moosle Platform, in whole or in part, or creating derivative
works based on it; -
using the Moosle platform to infringe the rights of third parties, in
particular intellectual property rights (such as image rights); -
using the Moosle platform to violate applicable law in the course of its
use.
5. Liability
We shall be liable in accordance with the statutory provisions for intent
and gross negligence. The same applies to the assumption of guarantees or
any other assumption of strict liability as well as claims under the
Product Liability Act or culpable injury to life, limb or health. Since we
provide you with the Moosle platform free of charge within the framework of
the user agreement, we are not liable for slight negligence.
6. Data Protection
We process your personal data in accordance with applicable law as set
out in our Privacy Policy http://moosle.com/en/legal/privacy. The Privacy Policy is
available within the Moosle platform at all times.
7. Storage of these Terms of Use
You can access and save these Terms of Use at http://moosle.com/en/legal/termsofuse.
8. Miscellaneous
8.1. We may change these Terms of Use at any time with six (6) weeks’
notice by notifying you in text form (e.g., in the App or by email). You
may object to such amendment in text form within four (4) weeks of receipt
of the amendment notice to us, otherwise the amendment will be deemed
approved by you. We will refer to the approval effect in the context of our
change notification in each case.
8.2. These Terms of Use are currently available in German and English. In
case of doubt, the German language version shall prevail for the
interpretation of the Terms of Use.
8.3. The law of the Federal Republic of Germany shall apply; the place of
performance for the mutual obligations arising from this contract shall be
our registered office.
Date: January 27th, 2021