(1) The offeror of the myARI portal (hereinafter "myARI") is ARI-Armaturen Albert Richter GmbH & Co. KG, Mergelheide 56-60, 33758 Schloß Holte-Stukenbrock, Germany commercial register no. at the local court of Bielefeld HRA 11090, VAT-ID no. DE 126 953 947 (hereinafter "ARI-Armaturen", "we", "us"). Any request relating to myARI should be addressed to "firstname.lastname@example.org".
(2) Users of myARI are companies within the meaning of § 14 German Civil Code or the German Commercial Code and legal entities under public law as well as their authorised employees who have access to myARI (hereinafter referred to as "Users", "You", "You").
(4) By completing and submitting the registration form you accept the validity of these Terms.
§ 2. Registration
(1) Your registration is completed after being activated by ARI-Armaturen. The activation of the registration will be done subsequently by our e-mail confirmation. The registration is only available to companies as well as to legal entities under public law. The User is not entitled to have a right for a registration.
(2) The User is responsible for ensuring that the information provided during registration is true and complete. He undertakes to notify to ARI-Armaturen all future changes to his mandatory information without delay by updating his customer profile.
(3) ARI-Armaturen may, without giving reasons, refuse registrations or withdraw a current registration. This will be done by ARI-Armaturen if, the User has given false information during registration or if they violate these Terms.
(4) During registration, the User chooses an individual password which may only be used by the respective authorized User. The User is obliged to keep his login and password secret and to protect it from unauthorised access by third parties. Employees and other assistants who are entrusted with the selection and procurement of valves may be given access to the password. If there is any suspicion of misuse by a third party, the User shall inform us immediately and change his password. If this does not happen, the User is liable for any misuse by third parties, unless he can prove that he is not at fault. As soon as ARI-Armaturen becomes aware of any unauthorised use, ARI-Armaturen will suspend the affected user access. ARI-Armaturen reserves the right to change a User's login and password. In such a case ARI-Armaturen will inform the user immediately.
§ 3. Right to use
(1) MyARI can be used under the Internet address "www.ari-armaturen.com" exclusively in connection with the purchase of products from ARI-Armaturen (simple right of use). This right is valid for the duration of the registration, free of charge, revocable, non-transferable, non-sublicensable and non-exclusive. ARI-Armaturen reserves the right to make the use of certain parts of myARI dependent on further verification, such as through a valid customer number. Any errors or faults in myARI must be reported to us immediately.
(2) The contents of myARI, including the myValve program, may be displayed, executed and printed out for the User’s own purposes within the ordinary use. You are prohibited from distributing, publishing, duplicating, reselling, reproducing in real time (e.g. via streaming), modifying, adapting, porting, translating, revealing the source code (e.g. via reverse engineering, etc.), extracting, deriving or otherwise using or commercialising the software of myARI, myValve or any parts thereof, either by your own actions or by third parties, contrary to these Terms. No rights relating to myARI shall be rented, leased or otherwise transferred by the User. Any use of myARI and publications beyond the simple right of use is only permitted with the written consent of ARI-Armaturen.
(3) Decomplication in accordance with § 69 e of the German Copyright Act (Urhebergesetz) is only permitted under the strict conditions thereof without the express consent of ARI-Armaturen. However, necessary information will be made available to you if the conditions of § 69 e German Copyright Act are given.
myARI may under no circumstances be disassembled, reverse-assembled, recompiled, reverse-translated or decoded in any other way by the User, except for the provision of § 69 e German Copyright Act.
§ 4. Functions
(1) Within the myARI Portal, various modules and functions are available to you free of charge. This includes inter alia myValve, an application that generates proposals for the design of valves, based on the technical operating parameters given by the User. The User herewith represents and warrants that, when using myValve, they have sufficient expertise to calculate the design of industrial valves. The calculation results in myValve are subject to the following reservations:
- If the application for which you intend to use the products does not exclusively involve the ordinary use of our products;
- If you expect a quality of our products that is neither expressly granted by us nor objectively justified;
- if the products are to be used under conditions requiring atypical or increased stress or which represent a particular risk to health, safety or the environment
- If other parameters must be included, but which are not retrieved from you and therefore are not taken into the calculation by myValve. Under no circumstances will the parameters "material resistance", "limits for nominal pressure" and "temperature" be included into calculations and must be checked individually by us if they are relevant.
If any of the above circumstances apply, please contact your customer advisor. We will check and confirm the calculation results of myValve upon request; myValve is intended to provide general information to the User and cannot replace a customer advisor’s comprehensive consultation. In any case, the specified parameters and values by the User as well as the calculation results of myValve must be checked for completeness and plausibility. A comprehensive inclusion of all conceivable physical influencing parameters cannot be provided. This also applies to influences that result from a combination of influences.
(2) Insofar as myARI is made available free of charge, the scope of functions and the system requirements of myARI and parts thereof may be changed or removed by us at any time, either in whole or in part. The User is not entitled to claim certain functions that had been available in an earlier version. Insofar as myARI is made available free of charge, this shall take place “as is”. Any warranty regarding the availability, reliability, functionality or suitability of myARI for a particular purpose of the User is disclaimed. Mandatory legal rights of the User remain unaffected.
(3) Apart from the obligations expressly set out in this contract, ARI-Armaturen is not obliged to provide any other services or enter into any other contracts with you.
§ 5. Availability
The provision of myARI is made according to our technical possibilities. ARI-Armaturen reserves the right to discontinue the provision of myARI in whole or in part at any time without prior notice. It is not ensured that myARI will be available without interruption. Furthermore, we have no influence on the nature of data transmissions within the Internet, on the availability, reliability and quality of telecommunications networks, data networks and technical equipment. In particular, the User is solely responsible for the use of suitable systems (hardware, software, manufacturer's approvals, system requirements) and their security.
§ 6. Copyrights
(1) The content, information, data, programs, software, source codes as well as the ARI logo, ARI trademarks, version numbers, other identification features, illustrations etc. provided in myARI are protected by trademark law and/or copyright. ARI-Armaturen and its licensors remain the sole owners of all rights and claims arising from or in connection with myARI. No copyright notices or other designations may be removed, and the contents may not be edited or changed in any other way by the User. Any use of the contents of the myARI portal for public use, in particular by inclusion in external Internet offers, e.g. by means of a hyperlink in a frame, requires the prior written consent of ARI-Armaturen.
(2) By transferring log files and parameters, you authorize us to process and use this data. We are entitled to this data and the information, knowledge, know-how, protectable rights or improvements derived from it without limitation timely or otherwise, irrevocably, indefinitely, transferable and free of charge. You are herewith transferring the rights relating to such data to ARI-Armaturen. We hereby accept the transfer.
§ 7. Liability
(1) To the extent permitted by law, ARI-Armaturen shall not be liable for any damage arising from the use of the data, programs and information contained in myARI. The risk of data loss outside the reasonable control of ARI-Armaturen is borne solely by the User.
(2) ARI-Armaturen is liable in the event of intent or gross negligence for all damage caused by ARI-Armaturen and its legal representatives or agents.
(3) In the event of slight negligence, ARI-Armaturen shall be liable for injury to life, body or health.
(4) In all other respects, ARI-Armaturen is only liable insofar as ARI-Armaturen has breached a fundamental contractual obligation (Kardinalpflichten). Fundamental contractual obligations are those obligations whose fulfilment is essential for the proper execution of a contract and on whose compliance the contracting parties may reasonably rely on. In these cases, ARI-Armaturen’s liability shall be limited to compensation for foreseeable, typically occurring damage. Paragraphs 2, 3 and 5 remain unaffected.
(5) The liability according to the product liability law remains unaffected.
§ 8. Term and termination
(1) By submitting your registration, a service contract for an indefinite period of time is concluded between us and you including these Terms and the attached data protection provisions.
(2) The contract can be terminated by the User at any time by initiating the deletion of the user account or by submitting a corresponding written declaration to us.
If the User does not accept the data protection information, or as soon as he revokes a necessary data protection consent he may have given to ARI-Armaturen, or as soon as he violates these Terms, the contract between the User and ARI-Armaturen and the rights of use granted to the User shall automatically end.
(3) Each party has the right to terminate the contract for good cause without observing a period of notice. An important reason for ARI-Armaturen is are
(a) the violation by a User of the provisions of these Terms
(b) tortious act of a User or the attempt thereof;
(c) continuous operational disruptions due to force majeure beyond the reasonable control of ARI-Armaturen, such as natural disasters, fire, collapse of networks, etc.
(4) After termination of the contract, ARI-Armaturen will irrevocably delete all user data, unless they continue to be used on another existing legal basis.
§ 9. Applicable law and dispute resolution
(1) These Terms shall be governed by German law without regard to the applicable conflict of laws rules. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
(2) Exclusive national and international jurisdiction for any disputes arising from or in connection with this agreement shall be the courts having jurisdiction over Schloß Holte-Stukenbrock in Germany. In addition, ARI-Armaturen is also entitled to bring an action at another available legal venue.
§ 10. Miscellaneous
(1) Should individual provisions of these Terms be or become invalid or impracticable, this shall not affect the validity of the remaining provisions.
(2) The assignment of your rights from the contractual relationship with us is only permitted with our prior consent.
(3) If translations of these Terms into other languages are prepared, the German version shall remain the only legally binding version.