PRIVACY POLICY

General terms and conditions of Ruhrkraft GmbH
§ 1 Scope

1.1. The following terms and conditions apply to all contracts concluded between Ruhrkraft GmbH (hereinafter: Ruhrkraft), represented by the managing director Benjamin Dorner, Annastraße 58-64, 45130 Essen, and a third party

1.2. These terms and conditions apply exclusively. Oral side agreements are not made. Changes or deviating regulations to these terms and conditions must be expressly agreed and must be made in writing.

§ 2 subject matter of the contract

2.1 Ruhrkraft provides the customer with a digital signage player (software license). A preconfigured DS player box or a preconfigured tablet serves as the necessary playout hardware for the player. The Ruhrkraft DS Player Box is connected to a full HD-capable playback device (e.g. signage display, TV set, monitor, projector, etc.) via HDMI. A preconfigured tablet combines the player and the playout hardware

(Screen with and without touch function) in one device. The customer's image or video material can be output on both systems. The advertising and information content shown in this way is then included in the

Presented to the customer's business premises. The digital signage player is operated and controlled via the internet-based CMS portal provided by Ruhrkraft. With the conclusion of the contract and provision of the

Digital Signage Player, the customer acquires the rights to use the digital signage system. The installation of the digital signage player on site is the responsibility of the customer, unless an additional installation service is provided

was commissioned.

2.2 Accessories:

At the customer's request, they can purchase or rent compatible displays or other accessories from Ruhrkraft for a fee. The customer is expressly entitled to use the digital signage player on each

Playback device to use. There is no obligation to use a playback device offered by Ruhrkraft. On request, Ruhrkraft will provide the mobile application for installation on Android (at least 7.1)

Available. Before concluding the contract, the customer undertakes to check that the accessories offered or the specific model variants are suitable for his application (e.g. load-bearing capacity of the walls for wall brackets, running times for screens, outdoor capability, etc.). Ruhrkraft undertakes to take back any accessories free of charge within 14 days if the customer determines after delivery that they are not suitable in his specific case. Any further liability on the part of Ruhrkraft is excluded in any case. Unless otherwise agreed, the general warranty for accessories is 12 months. Any guarantees provided by the manufacturer with the respective guarantees remain unaffected.

2.3 Additional services: In addition to the use of the digital signage player, Ruhrkraft offers its customers additional services on request, such as heat maps, face detection, installations, training courses,

Consulting, content design, editing, project management, etc.

2.4 Ruhrkraft only provides the end devices, ie in the case of 2.1. the Ruhrkraft DS Player Box or pre-configured tablet, in the case of 2.2. Corresponding accessories are also available. The technical and other requirements that are necessary to use the devices made available (electricity, internet access, network shares, etc.) are the responsibility of the customer and are not part of the service owed by Ruhrkraft.

2.5 Digital customer data collection: Ruhrkraft provides the buyer with a module with which he can collect the necessary customer data (the legal basis for the collection and processing of the data is Art. 6 Para. 1 S. 1 lit. c) General Data Protection Regulation (GDPR) in conjunction with §§ 28 Paragraph 1, S. 1, 28a Paragraph 1 No. 17 Infection Protection Act (InfSG)). A QR code displayed on the tablet is recorded by the customer using a smartphone, so that a form opens in the smartphone's browser. There the guest wears his

Contact information and submit the form. The data recorded in this way is sent by e-mail to the e-mail address stored by the owner in the Ruhrkraft CMS as soon as it is entered by the customer. Ruhrkraft itself does not save any data - see order processing contract.

§ 3 conclusion of contract

3.1. Ruhrkraft does not conclude any contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB). A contract can only be concluded with Ruhrkraft with an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) or a legal person, in each case in the exercise of the

commercial activity.

3.2. The following applies to the conclusion of contracts for the use of the digital signage player, possibly with accessories (§ 2.1. And 2.2.): The offering and display of the products on the Ruhrkraft website or in other advertising materials does not constitute an offer to conclude a contract, but an invitation to submit an offer by the customer. The customer submits the offer to conclude the contract by filling out an analog order form, signing it and sending it to Ruhrkraft or by clicking the “Order for a fee” button on the Ruhrkraft website.

3.3. The following applies to the conclusion of contracts for additional services (§ 2.3.): When the customer makes a request, he / she issues a request to submit an offer (request) to Ruhrkraft. Based on this request, Ruhrkraft makes an individual offer to the customer. This offer contains specific information about the scope of the service to be provided and the costs incurred for this. The customer can accept this offer by making a declaration to Ruhrkraft.

§ 4 Payment and Due Date

4.1. The rent for the use and provision of the digital signage player, as well as for the rental of accessories, are to be paid monthly in advance unless otherwise agreed. The billing month begins

regardless of the respective calendar month with the provision of the operational hardware.

4.2. In the case of purchase, the fee for accessories is payable to Ruhrkraft 14 days after delivery.

4.3. The fee for other additional services (e.g. installation or design services) must be paid to Ruhrkraft no later than 14 days after the service has been provided.

4.4. The amount (fee or rent) is to be paid by direct debit by issuing the direct debit authorization to Ruhrkraft or to be paid by bank transfer.

The customer undertakes to guarantee adequate funds in the specified account. The customer has to bear any return debit costs incurred.

§ 5 contract term and termination

5.1. Unless otherwise agreed, the customer can choose between a contract term of 3 or 12 months for the digital signage player - unless otherwise agreed. When renting accessories, the

Contract duration at least 12 months. With an agreed contract period of 3 months, the contract period is extended by a further 3 months, if not one party to the extension with a notice period of one

One month before the end of the respective contract period. With an agreed contract period of 12 months, the contract period is extended by a further 12 months, if not one of the parties

Extension with a period of three months before the end of the respective contract period.

5.2. The written form is required for the termination to be effective. After the end of the contract period, the customer has to return the products made available to him - if he has not purchased them - to Ruhrkraft within 14 days. The termination of the lease of the corresponding hardware only becomes effective with the return and receipt of the rented equipment by Ruhrkraft. If the return is made outside of the 14-day period, the termination is ineffective.

§ 6 rights and obligations of the customer

6.1. The customer is prohibited from using the products made available to him (digital signage player or accessories) beyond the contractual purpose. The customer alone is entitled to use the product made available. He is forbidden to allow third parties to access or use the product.

6.2. The digital signage player and accessories made available for rental remain the property of Ruhrkraft even after they have been handed over to the customer. The customer is not permitted to use the products made available

reproduce, change, sell, give to third parties or otherwise dispose of them. This does not apply in the event that the customer purchases accessories and acquires ownership of them by handing them over.

6.3. The customer must always treat the provided product with care and diligence. If the customer damages or destroys hardware intentionally or through gross negligence, or if the customer gets the hardware

lost, he must notify Ruhrkraft of this fact immediately and Ruhrkraft is obliged to compensate for the damage incurred as a result, but at least to pay the basic amount per product agreed prior to the conclusion of the contract. Ruhrkraft then sends a new device, in which case the customer bears the shipping costs. The fact that the customer is using the product due to one of his faults

Damage or destruction is temporarily not possible, does not release the customer from his obligation to pay rent. The opening of the housing of any hardware and the

related removal of or damage to the internal, invisible seal.

6.4. The customer undertakes to provide all information in connection with the ordering process and other contract processing truthfully and completely. This applies above all to the details of payment details (account holder, account number, etc.) and account authorization.

6.5. The customer is solely responsible for the photo and video material and other content shown by him with the help of the digital signage player. The customer ensures that the publication of this content does not infringe the rights of third parties, in particular personal rights and copyrights. This is also independent of the type of data import (e.g. via file upload, web import, import of other portals). In particular, the customer is prohibited from using the digital signage player to display, publish or display offensive, racist, violence-glorifying or inciting film or photo materials or other media of this type.

6.6. The customer undertakes to indemnify Ruhrkraft against third-party claims arising from the violation of the items listed in points 6.1 to 6.5. mentioned obligations emerge, to hold harmless.

6.7. The customer must immediately notify Ruhrkraft of any change in facts that are significant for the contract and its execution.

6.8. The customer must back up the data, content, playlists and reports transmitted by him to Ruhrkraft at least daily by means of backup copies in order to ensure a reconstruction of the same if the data is lost. This also applies to customer data that the customer has saved in the Ruhrkraft system. This is to prevent the customer from being able to access his data after termination of the contract or damage to the customer as a result of data loss.

6.9. The customer must treat the access data transmitted by Ruhrkraft to the Ruhrkraft CMS portal confidentially and may not make them accessible to third parties.

§ 7 Ruhrkraft's rights and obligations

7.1. Ruhrkraft provides the customer with the number of digital signage players ordered and the corresponding access to the Ruhrkraft CMS portal during the contract period.

7.2. Ruhrkraft grants the customer access to the Ruhrkraft software and server for the duration of the contract.

§ 8 Liability and Warranty

8.1. Ruhrkraft is only liable for damages in the event of willful intent or gross negligence. This also applies to the replacement of damage caused by a legal representative or vicarious agent of Ruhrkraft intentionally or through gross negligence

caused. Ruhrkraft's liability is generally limited to the amount of the respective order value of the corresponding partial service. If Ruhrkraft owes different services, these are independent

to consider each other. Liability for injury to life, limb, health or a cardinal obligation remains unaffected.

8.2. In the event of force majeure, which makes it significantly more difficult or impossible for Ruhrkraft to fulfill its performance obligations, Ruhrkraft is not obliged to perform these obligations for the period in which the force majeure persists.

8.3. Ruhrkraft assumes no liability for the content displayed by the customer using the digital signage player (photos, images, films, videos and other media).

8.4. The availability of the digital signage player with regard to the display of the customer's content is guaranteed. In the event of a failure caused by a defect in a digital signage player as part of the warranty, Ruhrkraft undertakes to send an exchange device in advance. If a replacement device does not reach the customer within 7 working days, the customer is not obliged to pay for the use and transfer of this failed digital signage player for the relevant billing month. The availability of the Ruhrkraft CMS portal, which is necessary to update the content on the respective digital signage player, is up to 97% in

Guaranteed annual average. The assurances regarding the availability of the digital signage player or the Ruhrkraft CMS portal do not apply in the event of force majeure or if the customer or a third party denies the

Failure of availability (e.g. due to interruption of the Internet connection, WLAN reception problems, etc.). Ruhrkraft bears the shipping costs for an exchange device, any costs for the exchange

at the customer's (e.g. working time) the customer bears this, even if Ruhrkraft carries out this on behalf of the customer.

8.5. In the event that the service provider used by Ruhrkraft to send e-mails temporarily does not allow e-mails to be sent, Ruhrkraft is not liable for any guest contact details that may not be tracked.

8.6. The warranty period is one year.

8.7. The customer must notify Ruhrkraft of obvious defects immediately, but at the latest within a period of five days from receipt of the goods, and hidden defects at the latest within 5 days from discovery

report in writing; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The customer bears the full burden of proof for all

Eligibility requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.

§ 9 data collection and data processing

9.1. Ruhrkraft has to observe the legal data protection regulations when handling personal data.

9.2. The data transmitted to Ruhrkraft by the customer is stored, managed and processed by the customer. Detailed information can be found in the data protection declaration (www.ruhrkraft.io) and the information sheet for

Data protection (to be requested at info@ruhrkraft.io).

§ 10 Online Dispute Resolution

10.1. The European Commission provides a platform for online dispute resolution (OS). You can find the platform at https://webgate.ec.europa.eu/odr/

10.2. You can reach us at the email address support@ruhrkraft.io

§ 11 final provisions

11.1. Changes or additions to these terms and conditions must be made in writing. The written form is maintained if Ruhrkraft publishes the amended or supplemented version on the website at: www.ruhrkraft.io/AGB.

11.2. The contracts are subject to the law of the Federal Republic of Germany. The place of jurisdiction for disputes arising from this relationship is under the conditions of § 38 ZPO Essen.

11.3. The ineffectiveness of individual provisions of these terms and conditions does not affect the rest of them.