Terms and Conditions
Fruitweb GmbH offers weather stations, frost warning devices and other sensor measuring devices for agriculture, as well as online services in the form of a website and an app. The subject of this online service is the processing and presentation of weather data for:
- Forecast models of diseases and pests from various agricultural crops
- The frost warning tool „Frostwecker“ for alarming when the temperature falls below or exceeds individually defined thresholds
- Flat rate data transmission (cellular network, NB-IoT) for fruitweb weather stations and display of weather data
- Weather data service (reading and processing of weather data)
The use of fruitweb services is usually linked to the use of your own weather station or a frost warning device. However, it is not a requirement.
These terms and conditions apply to the service areas of fruitweb (forecast models, frost alarm clock, weather data service, flat rate data transfer). The offer of fruitweb GmbH is aimed exclusively at entrepreneurs. Entrepreneurs within the meaning of these terms and conditions are all legal and natural persons or legally binding partnerships who are acting in their professional activity when concluding the contract with fruitweb GmbH. Deviating and supplementary regulations on conclusion of the contract only apply if they have been agreed in writing.
3. Conclusion of contract, contract term and billing
Paid services are always booked for a period of 12 months. The calendar year is always decisive. The term is not automatically extended, but has to be confirmed again every year.
Costs, duration and billing type are summarized before the order is completed. The contract for the use of fruitweb services between the customer and fruitweb GmbH is made by filling out the registration form on the website or in the app, choosing a product, accepting the terms and conditions and clicking the BOOK NOW button. The user then receives an order confirmation by email in which all contract data is listed.
4. Payment methods and invoicing
Billing takes place by bank transfer after the invoice has been issued by fruitweb GmbH. Invoicing is digital and sent by email. No paper invoices are issued.
The invoice is issued immediately after the booking has been made for the entire period of use. If no payment has been received 14 days after the invoice has been issued, fruitweb GmbH reserves the right to restrict access to its services until the invoice has been paid in full.
When the agreed period of use expires, the contract between the user and fruitweb GmbH is automatically terminated. Notice of termination is not required.
6. Transfer of content
7. Rights of use for weather data
If the users load weather data into the fruitweb system, they remain the owner of this data. The owner grants fruitweb GmbH a restricted right to use this data. This right of use provides that fruitweb GmbH can offer commercial services for other users on the basis of this weather data. The prerequisite for this is that the weather data is processed (e.g. for forecast models or weather data preparation). The raw data transmitted by the owner can only be passed on to third parties with the express consent of the owner. This limited right of use applies beyond the point in time of the contractual relationship between the owner and fruitweb GmbH. The owner of the weather data can withdraw the right to use his weather data from fruitweb GmbH after the contractual relationship has ended. A written declaration is required for this.
8. Limitations on Services
Reasonable efforts are made to keep the services offered operational. Due to certain technical difficulties, maintenance work, tests or due to updates that reflect changes in the relevant legal provisions or regulatory requirements occasionally, temporary disruptions may occur.
9. Limitations of Liability
Under the agreements, fruitweb GmbH is fully liable for damage due to intentional or negligent injury to life, limb or health as well as for other damage that is based on willful intent or gross negligence on the part of fruitweb GmbH or its legal representatives or vicarious agents.
Insofar as fruitweb GmbH is not fully liable according to the provisions of the first paragraph, in the event of a breach of an essential contractual obligation based on simple negligence, fruitweb GmbH’s liability for damages or reimbursement of expenses is limited to typically foreseeable damage. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the respective agreements in the first place and on the fulfillment of which you regularly trust and may trust (cardinal obligations).
Beyond the aforementioned cases, fruitweb GmbH accepts no liability. In these cases, in the event of problems or dissatisfaction with the services of fruitweb GmbH, the sole and exclusive remedy is not to use them.
10. Changes to the terms and conditions
Fruitweb GmbH reserves the right to change these terms and conditions without giving reasons, insofar as this becomes necessary due to changes in the services provided by fruitweb or due to legal changes or technical developments; For example, to improve existing functions or features or to add new functions or features to the services, to implement technical advances or legal changes or to carry out appropriate technical adjustments to ensure the functionality or security of the services, as well as for legal or regulatory reasons. This is especially true when new offers from fruitweb GmbH require new regulations. The changed terms and conditions will be sent to the user in advance by email. If the user does not object to the amended terms and conditions within six weeks, they are deemed to have been accepted. In the event of an objection, fruitweb GmbH can block the user account. Payments already made will be reimbursed proportionally in relation to the remaining term. Fruitweb GmbH will point out these legal consequences separately in the email with the amended terms and conditions.
11. Final provisions
Unless otherwise specified in this section or not expressly agreed in writing between you and fruitweb GmbH, the agreements contain all terms and conditions agreed between you and fruitweb GmbH and take the place of all previous oral or written agreements with regard to the subject matter of these Agreement.
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
The registered office of fruitweb GmbH is agreed as the place of jurisdiction.
The terms and conditions remain binding in their remaining parts even if individual points are legally ineffective.
As of March 25, 2021