Handheld Germany GmbH, Martin-Oberndorfer-Straße 5, 83395 Freilassing, Germany, (Provider) offers the option to manage and remotely maintain devices obtained from the Provider or a reseller contractually connected with the Provider free of charge via the online service “MaxGo Manager” at the URL https://manager.maxgo.io (Web Portal).
- Registered User: any natural person or legal entity who has access to the Web Portal through a user account
- Managed Device: a terminal device purchased from the Provider or a reseller contractually linked to the Provider and registered for remote maintenance on the Web Portal
- User: any person to whom a managed device has been made available for use
2 Conclusion of contract
The offer is accepted by the Provider by activating a user account assigned to the Registered User.
3 User Accounts
The activation of a user account by the Provider shall take place automatically after the contact email address given during registration has been verified by a hyperlink sent by the Provider to the customer.
After activation, the administration of the user account and the accounts assigned to it shall take place independently and on the Registered User’s own responsibility.
3.2 Registration data, access data
Registration of the Registered User includes provision of a user name, email address and password (Registration Data), which are stored by the Provider. Following registration, it is possible to log in with the email address and password (Access Data). The user name and password can then be changed only by the Registered User.
3.3 Protection of Access Data
All Registered Users are obliged to keep their Access Data secret. Several natural persons may share a user account only if the user account is assigned to a legal entity and the natural persons have a contractual relationship with that legal entity.
Registered Users are obliged to use secure passwords that comply with the recommendations of the German Federal Office for Information Security (currently available at https://www.bsi-fuer-buerger.de/BSIFB/DE/Empfehlungen/Passwoerter/passwoerter_node.html, as of: 02.10.2019).
The Provider shall not ask the Registered User to disclose or pass on a password.
3.4 Blocking and deletion of user accounts by the Provider
3.5 Deletion of unused user accounts
If a user account is not used for a lengthy period of time, it may be irrevocably deleted by the Provider, provided that the Registered User has been notified of the imminent deletion in text form 14 days before the deletion and he does not immediately object to the deletion.
If no Managed Devices are assigned to a user account, it is assumed that the user account is not being used.
4 Web Portal
Use of the Web Portal is free of charge.
The Web Portal enables administration and remote maintenance of the devices purchased from the Provider or a reseller contractually associated with the Provider (Mobile Device Management).
One or more such devices may be assigned to a user account via a pre-installed application for administration and remote maintenance.
The Managed Devices can also be divided into groups, within which several devices can be managed simultaneously (Accounts). An Account may be assigned to multiple user accounts so that different users can manage them independently.
For any Managed Device on the Web Portal, the Registered User can, in particular:
- view statistics
- install applications
- view installed applications, stop them and delete them completely or partially
- run scripts
- create and download screenshots
- have the location logged at a specific interval
- delete all data (= restore factory settings).
4.3 Security and availability
The Provider shall take technical and organizational measures to protect the security of the Web Portal.
The internet connection to the Web Portal is encrypted.
The Provider shall keep the Web Portal available as constantly as possible. However, the Registered User has no claim to availability of the Web Portal at all times. Maintenance, security or capacity concerns and events beyond the control of the Provider (e.g. power failures, disruptions to public data networks) may lead to disruptions or temporary unavailability of the Web Portal.
5 Obligations of Registered Users
5.1 Compliance with legal requirements
When using the Web Portal, the Registered User is obliged to observe applicable legislation and all rights of third parties and not to violate them by using the Web Portal.
5.2 Usage bans
The Registered User may not use the Web Portal to the disadvantage the Provider or third parties. In particular, the Registered User is prohibited from
- publicly distributing, reproducing or providing access to the contents of the Web Portal without authorization,
- changing the function of the web portal by means of external actions,
- deliberately damaging the web portal or excessively overloading it, and
- granting unauthorized third parties access to the Web Portal.
6.1 Liability of the Registered User
6.2 No liability of the Provider for contents of the Web Portal
The Provider assumes no liability for information of any kind posted by Registered Users themselves on the Web Portal. This applies in particular to personal data.
6.3 No liability of the Provider for negligence
In the event of a simple negligent breach of obligation by the Provider, its employees or other vicarious agents, the Registered User shall not be entitled to assert compensation claims – regardless of the legal basis – against the Provider, its employees or other vicarious agents unless the breach relates to an obligation which is of essential importance for achieving the purpose of the contract and on compliance with which the Registered User may rely.
If liability exists in such cases, compensation claims shall be limited to the amount of the typical foreseeable damage.
6.4 Exemption from liability
The Registered User shall indemnify the Provider against all claims, including compensation claims, which other Registered Users or other third parties assert against the Provider on the grounds of a breach of their rights by the Registered User or his vicarious agents through content posted on the Web Portal.
This indemnification of the Provider also includes such claims that Registered Users or other third parties assert against the Provider for culpable breach of their rights through the use of the Web Portal by the Registered User or his vicarious agents.
The Registered User shall assume all reasonable costs incurred by the Provider in connection with a breach of the rights of third parties, including costs for the legal defence of the Provider.
This is without prejudice to further rights and compensation claims of the Provider.
The foregoing limitations shall not apply to damages involving loss of life, physical injury or damage to health resulting from a negligent breach of obligation by the Provider or an intentional or negligent breach of obligation by a legal representative or vicarious agent of the Provider.
Furthermore, they do not apply to other damages which result from a grossly negligent breach of obligation by the Provider or on an intentional or grossly negligent breach of obligation by a legal representative or vicarious agent of the Provider.
7 Protection of personal data, obligations of the Registered User
7.1 Assistance from the Provider
The Registered User may contact the Provider at any time with questions about the Web Portal.
At the express request of the Registered User, the Provider may take over the administration and remote maintenance of the devices or support the Registered User in this. The Provider is not obliged to do so.
7.2 Order processing
In the event that the Provider processes personal data for which the Registered User is responsible within the meaning of Art. 4(7) GDPR by taking over the administration and remote maintenance of the devices, the Provider shall be deemed to be the commissioned data processor within the meaning of Art. 4(8) GDPR.
It shall therefore process the personal data only on the documented instruction of the Registered User, unless it is obliged to do so by the law of the Union or the Member States to which the Provider is subject. In such a case, the Provider shall notify the user of such legal requirements prior to processing, unless the law concerned prohibits such notification on the grounds of significant public interest.
The Provider guarantees that the persons authorised to process the personal data have undertaken to maintain the confidentiality of such data or are subject to an appropriate statutory duty of confidentiality.
The Provider shall ensure that it takes all necessary measures pursuant to Art. 32 GDPR before processing the data.
The Provider shall not make use of any other commissioned data processor without the prior written consent of the Registered User.
Where possible, the Provider shall support the customer with appropriate technical and organizational measures to comply with his obligation to respond to requests to fulfill the rights of the data subject and, taking into account the type of processing and the information available to it, assist the customer in complying with the obligations set out in Articles 32 to 36 GDPR.
On completion of provision of the processing services, the Provider shall, at the discretion of the Registered User, either delete or return all personal data and delete any existing copies, unless an obligation to store the personal data exists under Union law or the law of the Member States.
The Provider shall provide the Registered User with all necessary information to prove compliance with the obligations laid down in Art. 26 GDPR and shall facilitate and contribute to appropriate inspections to be carried out by the Registered User or another inspector commissioned by the Registered User.
7.3 Deviating agreement
Section 7.2 shall apply only if there is no deviating agreement with the Registered User for commissioned processing of personal data. If a deviating agreement exists, this shall take precedence.
7.4 Right to complain
8 Protection of personal data, obligations of the Registered User
The Registered User himself is the data controller for the data processing that takes place through the use of the Web Portal, in particular through the functions described in Section 4.2.
8.2 No liability for data processing
The provider is not liable for breaches of the law that arise because the Registered User violates data protection regulations by using the Web Portal.
The Registered User may therefore only provide a person with a Managed Device to use under the following conditions:
- The person has been informed, in a precise, transparent, comprehensible and easily accessible manner, in clear and simple language, of the data processing carried out by the Registered User in using the Web Portal for the management and remote maintenance of the device, prior to the provision of the device, in accordance with the relevant data protection regulations.
- To the extent required by the relevant legal provisions, the Registered User has obtained and documented prior consent to data processing from the User.
- The Registered User has taken technical and organizational measures to ensure compliance with the relevant data protection regulations when using the Web Portal.
9 Changes to the Web Portal
9.1 Changes to the Web Portal
The Provider may change the Web Portal or develop a new web portal or new services, unless this is unreasonable for the Registered User.
The Provider shall inform the Registered User about changes pursuant to Section 9.1 or Section 9.2 in good time in text form.
The Registered User shall then have the right to object to the change within two (2) weeks of notification in text form, otherwise the changes shall be deemed to have been accepted by the Registered User.
The Registered User shall be informed by the Provider in the notification of his right of objection and the importance of the objection period. If the Registered User objects, the Provider may terminate the contract without notice.
The Provider may terminate the usage contract with immediate effect if there is good cause to do so. This shall apply in particular if one of the conditions specified in Section 3.4 occurs.
The Registered User may terminate the usage contract at any time with immediate effect without giving reasons. The termination shall take the form of a declaration in text form submitted to the Provider.
11 Concluding provisions
The Provider may submit all declarations to the Registered User by email to the address last provided by the Registered User as the contact email address to the Provider, in particular in the Registration Data.
German law applies, with the exception of international private law. The place of performance is the registered office of the Provider. As far as legally permissible, the place of jurisdiction is also the registered office of the Provider.
Version of these Terms: 30.10.2019