Terms of Use

I. Scope
  1. These terms of use apply to the use of the Walterscheid Connected Service Assistant mobile app (hereinafter referred to as the “app”) offered by Walterscheid GmbH, Hauptstrasse 150, 53797 Lohmar, Germany (hereinafter referred to as “Walterscheid”, “service provider”, “us”, “we”) by users of the app (hereinafter referred to as “users”, “you”, “you”).
  2. Use is subject to acceptance of the terms of use. By registering and agreeing to these terms of use and the privacy policy, a free user agreement is concluded between you as a user and us in accordance with the following terms of use. Upon conclusion of the usage agreement, Walterscheid shall grant the user a simple, non-transferable and non-sublicensable right to use the app in its current version for the duration of the agreement term. If you do not agree with the validity of these terms of use or individual regulations, you may not use the app. You should read the app terms of use in full before using our app.

  3. The current version of these terms of use can be accessed via the app menu. Walterscheid reserves the right to amend these terms of use if necessary on material grounds (e.g. changes to the legal situation or case law). Walterscheid shall inform users of any changes to these terms of use and provide the updated version. The user may object to the amendment of the terms of use within a period of six weeks by sending an email to support.wcs@walterscheid.com. If they object, they may no longer use the app. In this case, Walterscheid asks that the user account be deleted and the app uninstalled. If the user does not object, the changes shall automatically come into force after the end of six weeks.

  4. Users can submit questions, complaints or objections regarding the app to the following contact address: support.wcs@walterscheid.com

II. Conditions for using the app

  1. The app is available for the Android and iOS operating systems and can be downloaded and installed free of charge in the respective app stores under the conditions applicable there. If necessary, the mobile phone provider may charge for the data transfer to the smartphone.
  2. Use of the app is free of charge.
  3. Registration or the creation of a user account is necessary for the use of all functions of the app. Furthermore, the user must agree to these terms of use.
  4. To register as an “owner”, you must register by providing your personal details. Registering as an “employee” first requires that you are added as an “employee” in the app by an already registered “owner” through entering an email address. In this case, you will receive a code to the email address you provided. With this code you can register by entering your personal details. We use the so-called double opt-in procedure for registration, i.e. your registration is only completed once you have confirmed your registration by clicking on the link contained in a confirmation email sent to you for this purpose.
  5. The account information, in particular the access data, must be kept confidential by you and may not be disclosed to third parties, including family members or other close persons. You are liable for any misuse made using your account information or account if you are responsible for such misuse, in particular if you have breached your existing duties of care.
  6. If you have forgotten your password, you can request a new password by using the “Forgotten password” function during the login process. Alternatively, contact our customer service at support.wcs@walterscheid.com.
  7. You are required to provide accurate and complete information when you register for and use the services. You are obliged to keep your registration data up to date at all times and to update it as required without being asked to do so and at short notice.

III. Functional scope

  1. Walterscheid endeavours to enable the continuous use of the app within the scope of its technical and organisational possibilities. Due to maintenance work, disruptions caused by the internet or force majeure, the usability of the app or individual functionalities may be limited or completely suspended.
  2. Walterscheid is entitled to change, expand and both temporarily and permanently discontinue the functionalities of the app at any time. The user has no claim to the use of individual or all functionalities of the app, in particular constant availability. In order to fully use the functions of the app, the smartphone on which the app is installed must have an internet connection. This is to be provided by the user and is not part of the app.
  3. The app provides users with the following functionalities, among others:

    The app offers users the possibility to be informed about special service information, such as maintenance intervals of the stored PTO drive shafts.

    Users can set up a personal workspace for this purpose. Users can add their own agricultural machines to this workspace by providing various information and uploading a photo. In addition, other users can be invited as employees or managers and thus gain access to the workspace data. Users can add Walterscheid PTO drive shafts installed in the agricultural machine to their personal workspace in the app via a QR code attached to the PTO drive shaft, by entering the serial number or by manually entering information about the PTO drive shaft. PTO drive shafts that do not originate from Walterscheid can be added by specifying various information. Users also have the option of adding sensors to their personal workspace by scanning the QR code, via Bluetooth or by entering them manually. The data from the sensors can then be read out via Bluetooth. This stored information enables the app to provide the user with maintenance intervals, as well as recommendations for action. Under the menu item “Service History”, users can enter maintenance with date and time in order to obtain a comprehensive overview of the most recently performed maintenance.

IV. Intellectual property

Our services contain data and information in which industrial property rights (e.g. trademark rights, copyrights, design rights) may exist in our favour or, in individual cases, in favour of third parties. It is therefore not permitted to exploit (e.g. reproduce or distribute) the services outside the legally permissible limits or without our prior consent. You are not authorised to use protected content or materials in any way except in the course of using the services in accordance with these terms of use. No part of the services may be reproduced in any form or by any means except as expressly permitted in these terms or by law.

V. Liability

  1. Our liability for violations of obligations under the agreement, and from tort is limited to intent and gross negligence. This does not apply in the case of injury to life, limb and health of persons, claims for breach of cardinal obligations, i.e. obligations arising from the nature of the agreement and the breach of which jeopardises the achievement of the purpose of the agreement, as well as compensation for damage caused by delay (§ 286 of the German Civil Code (BGB)); in this respect we are liable for any degree of fault.
  2. All of our digital information and services are created and provided with the utmost care. Walterscheid does not, however, warrant the completeness, accuracy, accessibility or suitability of this information for any particular purpose. Use is at the sole risk of the user. In particular, Walterscheid shall not be liable for any damage resulting from the installation or use of the app, insofar as such exclusion is permitted by law.
  3. References and links to third-party offers does not mean that we take ownership of the content behind the reference or link. The content and design of third-party websites are not subject to our control or influence. References or links to third-party websites do not constitute any responsibility on our part for the information and content provided there. We are therefore not liable for illegal, incorrect or incomplete content on third-party websites or for damage caused by the use of content behind a link. This shall not apply in cases of intentional or grossly negligent breach of duty on our part or in the case of damage resulting from injury to life, limb or health caused by us intentionally or negligently.
  4. Walterscheid cannot guarantee that third-party services, in particular network services or other third-party provisions, will always be available without interruption, error-free and secure. The user acknowledges that 100% availability of the app is technically impossible. However, Walterscheid strives to keep the availability of the app as constant as possible. In particular, maintenance, security or capacity concerns as well as events that are beyond the control of Walterscheid (such as disruptions to public communication networks, power failures, etc.) may lead to short-term disruptions or the temporary discontinuation of services.

VI. Duties and responsibilities of users, prohibitions

  1. Users are obliged to use the app only lawfully in accordance with these terms of use and in compliance with applicable law.
  2. It is not permitted to provide, publish, license, sell or otherwise commercially exploit the app to third parties, whether in return for payment or free of charge. No rights to the app may be rented, leased or otherwise transferred.
  3. Furthermore, any use of the app that has a negative impact on the app itself or websites linked to it, or on software accessed through the app, is not permitted. In particular, any manipulation of the app or the programme code, for example by viruses, Trojans or other harmful programme codes or other actions or tools that could cause damage to the app, the service, the digital content or technical equipment, is prohibited.

VII. Term/cancellation

  1. The user agreement begins with successful registration. It runs for an indefinite period. The user agreement between you and us is generally concluded for an indefinite period.
  2. The user is entitled to terminate the user agreement without giving reasons. This is possible for the user at any time via the function “Delete my account”. We may terminate this agreement with two weeks’ notice in writing or by email.
  3. We have the right, without prejudice to any other rights and remedies available to us under law, to terminate this agreement for cause without notice to you. Good cause exists, among others, if you have breached an essential agreement obligation or if you continuously breach your agreement obligations and this breach of agreement either cannot be remedied or if you have not remedied the breach of agreement within the period specified for remedial action after receipt of a notification in text or written form (e.g. by email).

VIII. Data privacy

Walterscheid complies with the relevant privacy regulations. User data is treated confidentially and in a manner permitted by privacy law. The privacy policy provides more detailed information on the collection, processing and use of personal data in or in connection with the app.

IX. Final provisions

  1. If any provision of these terms of use is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed to be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision. The same applies to any regulatory gaps.
  2. The law of the Federal Republic of Germany shall apply with the exception of its conflict of law provisions.
  3. The exclusive place of jurisdiction for all disputes arising from these terms of use shall be the registered office of the service provider, insofar as such an agreement on the place of jurisdiction is permissible.