Terms of Use
1. Scope of Application
1.1 The use of the websites offered by SCAILE Technologies GmbH and/or its subsidiaries and associated brands (“SCAILE”) (the “SCAILE Website”) is permitted exclusively on the basis of these Terms of Use. These Terms of Use may be supplemented, amended or replaced by additional conditions (e.g. for the purchase of products or services). By logging in or, if no separate login is required, by using the SCAILE Website, the User accepts these Terms of Use in their current version.
1.2 If the User uses the SCAILE Website as or on behalf of an Entrepreneur (§ 14 BGB) or a legal entity under public law, the provisions of § 312i Abs. 1 S. 1 Nr. 1–3 BGB do not apply.
1.3 In the case of web services directed at companies or legal entities under public law, the respective company or legal entity is represented by the User, whose actions and knowledge are attributable to it.
2. Services
2.1 SCAILE Technologies GmbH provides information, software and related documentation on the SCAILE Website for viewing, download or use.
2.2 SCAILE Technologies GmbH reserves the right to discontinue operation of the SCAILE Website, in whole or in part, at any time. SCAILE Technologies GmbH does not guarantee uninterrupted availability.
3. Registration & Password
3.1 Certain areas may be password‑protected. Access is granted only to registered Users. There is no entitlement to registration. SCAILE Technologies GmbH may block access data at any time without stating reasons, in particular if the User:
provided false information;
violated these Terms or duty of care;
violated applicable laws; or
has not used the SCAILE Website for an extended period.
3.2 When registration is required, the User must provide truthful data and update it immediately if it changes. The User must ensure receipt of emails sent to the registered address.
3.3 After registration, the User receives a username and initial password. On first login, the User must change the password to one known only to them. Using these credentials, the User may view, change, revoke or extend consents to data processing.
3.4 The User must keep credentials secret and is liable for all actions under their account. After each session, the password‑protected area must be exited. Suspected misuse must be reported to SCAILE Technologies GmbH immediately in writing or by email.
3.5 Upon such notification, SCAILE Technologies GmbH will block the credentials. Reactivation requires a separate request or re‑registration.
3.6 The User may request deletion of their registration in writing at any time, unless ongoing contracts prevent deletion. SCAILE Technologies GmbH will erase all personal data when no longer needed.
4. Usage Rights to Information, Software & Documentation
4.1 Use is governed by these Terms or, for updates, by previously agreed license terms. Separate download license agreements take precedence.
4.2 SCAILE Technologies GmbH grants a non‑exclusive, non‑transferable right to use the provided information, software and documentation within the agreed scope or, absent agreement, for the intended purpose.
4.3 Software is provided in machine‑readable form free of charge. Source code is released only if required by an open‑source license, against cost reimbursement.
4.4 The User must not forward, rent or otherwise make available the information, software or documentation to third parties. Unless legally mandatory, the User must not modify, reverse‑engineer, translate or remove parts. A backup copy may be made if essential for future use under these Terms.
4.5 The information, software and documentation are protected by copyright law, international treaties and other intellectual property rights. The User must respect these rights and not remove notices or codes.
4.6 §§ 69a ff. UrhG remain unaffected.
5. Intellectual Property
5.1 Beyond Section 4, brand names, logos and other content on the SCAILE Website must not be altered, copied, reproduced, sold, rented or otherwise exploited without prior written permission from SCAILE Technologies GmbH.
5.2 No rights to company names, patents, utility models or trademarks are granted, unless expressly stated.
5.3 Ideas or suggestions submitted by the User may be used by SCAILE Technologies GmbH free of charge for development and marketing.
6. Obligations of the User
6.1 The User must not:
violate public morals;
infringe intellectual property or other rights;
transmit viruses or harmful code;
enter or share illegal or confidential content;
send unsolicited advertising or spam.
6.2 SCAILE Technologies GmbH may block access if these obligations are breached.
7. Hyperlinks
The SCAILE Website may contain links to third‑party sites. SCAILE Technologies GmbH does not endorse and is not responsible for their content or availability. Use is at the User’s own risk.
8. Liability for Defects
8.1 Free information, software or documentation are provided “as is.” Liability for defects—except in cases of intent or gross negligence—is excluded.
8.2 Descriptions of technical possibilities may not apply in individual cases. Desired specifications must be agreed in separate contracts.
9. Further Liability & Viruses
9.1 Except for mandatory liability (product liability, intent, gross negligence, injury to life/health, guarantees, fraudulent concealment, essential contractual obligations), all liability is excluded. Liability for breach of essential obligations is limited to foreseeable typical damage.
9.2 SCAILE Technologies GmbH does not guarantee virus‑free operation. Users should employ antivirus measures before downloading any materials.
9.3 The provisions above do not reverse the burden of proof to the User’s disadvantage.
10. Compliance with Export Control Regulations
10.1 Users must comply with German, EU and US export control laws when transferring SCAILE materials to third parties.
10.2 Users must ensure no embargoes or sanctions are violated and that any required approvals for military or dual‑use exports are obtained.
10.3 Upon request, Users must provide information on end recipients, destinations and intended uses.
10.4 Users indemnify SCAILE Technologies GmbH against claims arising from export control breaches, unless they are not responsible for the breach.
10.5 SCAILE Technologies GmbH’s performance is subject to no embargo or trade restrictions preventing delivery.
11. Supplementary Agreements, Jurisdiction & Applicable Law
11.1 Supplementary agreements must be in writing.
11.2 For merchants (§ 1 HGB), the place of jurisdiction is Munich.
11.3 The SCAILE Website is operated by SCAILE Technologies GmbH and its subsidiaries in their respective countries. Users outside these countries must comply with local laws. Access from prohibited jurisdictions is not permitted.
11.4 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
