Terms of Use

These terms of use form the basis of the contract concluded between KEBA Handover Automation GmbH, Reindlstraße 51, 4040 Linz, FN 559052k, hereinafter referred to as "KEBA", and the user for the use of the "KEBA Parcel" application, "KEBA Locker Service" application as well as "KEBA Inhouse Logistics" application hereinafter referred to as the "APP".

KePol app-operated lockers are electronic parcel lockers composed of modules with multiple boxes. These lockers do not have visible interfaces and store no business data. Users simply interact with the locker by using a mobile app which communicates with the locker via Bluetooth Low Energy (BLE).

To interact with the locker a user needs to have an app installed on their (personal) mobile device. This app will communicate with the locker via BLE, enabling users to deliver or pick up goods.

The KePol APP Gateway solution makes integration of app-operated lockers as simple as possible. All standard business processes for first and last mile delivery are supported out-of-the box. The required low-level authentication and encryption mechanisms, as well as the Bluetooth Low Energy communication, are implemented in KEBA-provided APP SDK and KEBA-operated KePol APP Gateway Services. The KePol APP Gateway solution supports Android and iOS platform.

  1. Scope of Application of the Terms of Use & Definitions
    1.1. All services provided by KEBA in connection with the APP are based on these terms of use.
    1.2. User: The user is either an individual or a company that provides a digital platform for user support in the use of the APP to its (internal or external) contractual partners. The user is the direct contractual partner of KEBA.
    1.3. End Device: The end device is the device (smartphone, tablet, etc.) on which the user installs and uses the APP.
    1.4. Scope of Use: KEBA reserves the right to establish separate access requirements or unilaterally change the scope of services for selected services of the APP. If the user does not meet or no longer meets these specified requirements, KEBA reserves the right to exclude the user from this service or not to activate it. It is at the sole discretion of KEBA to make the services accessible to users, restrict their use, or discontinue them entirely. The user is not entitled to compensation claims as a result.
    1.5. Performance Conditions: The use of this app is exclusively intended for testing, presentation, and pilot scenarios. Productive operation with it is not permitted.
  2. Contract Conclusion, Contract Duration & Pricing Model
    2.1. To use the APP, it is necessary to download it and accept these terms of use. After concluding the contract with KEBA through download and activation of the APP, as well as - depending on the scope of services - explicit activation, the user is authorized to use it.
    2.2. The contractual relationship can be terminated by either party with immediate effect without observing a notice period. The existence of good cause is not required for termination.
  3. Rights and Obligations of the User
    3.1. The user is obligated to transfer to any contracting party to whom they provide the APP the rights necessary for the use of the APP and the obligations of these terms of use, and shall indemnify and hold KEBA harmless from any damages and claims resulting from the submission of their contracting parties to these terms of use.
    3.2. The user declares that all information provided about their own person and their own company is truthful and accurate.
    3.3. The user undertakes, under penalty of liability, to treat any access data to the APP that may exist confidentially and with due care, and not to disclose it to third parties under any circumstances.
    3.4. The user declares that they will indemnify and hold KEBA harmless from all consequences and disadvantages resulting from loss, theft, or disclosure of their access data, or from loss, theft, or disclosure of their end device during active access to the APP.
    3.5. KEBA shall not be liable for adverse consequences and damages resulting from data loss on the end device or elsewhere.
    3.6. The user undertakes to grant KEBA access to the APP at its request in order to carry out improvements, maintenance work, and other necessary changes or updates.
    3.7. In addition to the APP, KEBA also provides the necessary backend. However, the user must provide additional services in order to use the full range of functions. The user is responsible for creating the technical, personnel, and organizational prerequisites necessary for the use of this APP, such as a suitable end device or a permanent internet connection.
    3.8. KEBA reserves the right to modify or improve the APP at any time. This may result in visual, technical, content-related, or other changes. Users are not entitled to improvements or modifications in any case.
    3.9. The user undertakes not to misuse or use the APP unlawfully. Users shall indemnify and hold KEBA and all of its contracting partners harmless from all consequences resulting from unlawful, abusive, or otherwise negligent use of the APP and the associated services.
    3.10. This also includes damages resulting from incorrect data and facts provided, or from the violation of personal rights, copyrights, data protection rights, or other compliance requirements by the users.
  4. Rights of KEBA
    4.1. KEBA is entitled to discontinue the operation of the APP or refuse the provision of services, either partially or completely, at any time.
    4.2. The User has no claims arising from the suspension of services.
  5. Usage Rights & Data
    5.1. Users are not allowed to use or allow others to use the APP or parts thereof beyond the rights expressly granted, distribute, sell, transfer or otherwise make available.
    5.2. KEBA is obligated to delete, upon request of the User, any data uploaded by the User, either partially or completely, unless there is a compelling legal claim to the contrary or KEBA is subject to a legal obligation to retain the data, or the data is necessary for asserting claims or
    defending against unjustified demands.
    5.3. After termination of the contractual relationship between KEBA and the User, the data processed in the APP will be deleted to the extent that there are no contractual or legal retention obligations or the data is necessary for asserting claims or defending against unjustified demands.
  6. Availability
    6.1. KEBA does not guarantee any specific availability of the APP. KEBA provides no warranties or representations.
  7. Liability
    7.1. Compensation for damages - except for personal injury - is excluded to the extent legally permissible or limited to gross negligence and willful intent.
    7.2. In any case, KEBA's liability to the individual injured party is limited to the actual coverage amount of KEBA's liability insurance available for the respective specific event. If no liability insurance coverage exists, the compensation for damages for each damaging event is limited to € 500.00 to the extent legally permissible.
    7.3. This maximum amount includes all claims against KEBA for defective performance and/or other breaches of contractual obligations, such as claims for damages and price reduction.
    7.4. Except for willful intent, KEBA is not liable for indirect damages and consequential damages, consequential damages from defects, financial losses, lost profits, unrealized savings or earnings, loss of interest, lack of economic success, positive breach of contract, fault at conclusion of contract, mistake, and damages arising from claims of third parties.
    7.5. KEBA is not liable for adverse consequences or damages suffered by users due to loss of usability, technical defects, data loss, unauthorized third-party access, or other reasons related to the APP.
    7.6. The APP may contain third-party applications and content or links to third-party content. KEBA is not liable for these contents or the technical functionality of the provided contents, interfaces, or applications. If links to third-party websites or applications are established, the user acknowledges that these are operated by third parties and that KEBA has no influence on the content of these websites and the information published there.
    7.7. KEBA assumes no liability for the suitability of the APP for the intended purpose of the user. The same applies to purely visual deviations that do not impair the proper use of the APP.
    7.8. Performance disruptions due to force majeure, in particular the failure or overload of global communication networks, are not attributable to KEBA. Events of force majeure include in particular all influences that are beyond KEBA's control and prevention or avoidance.
    7.9. Claims for damages must be asserted in court no later than 6 months after becoming aware of the damage and the party causing the damage, failing which the claim will expire.
    7.10. The limitations or exclusions of liability also apply to claims against employees, officers, representatives, and contractual partners of KEBA for damages caused by them to the user.
  8. Copyright
    8.1. KEBA reserves all rights, particularly trademark and copyright, to the entire content of the APP, including the source code, trademarks, logos, texts, graphics, photographs, layout, and music, to the extent that these belong to KEBA. Any use of content beyond the contractual obligations, including storage in databases, reproduction, distribution, or modification, requires the explicit written consent of KEBA, unless such use is legally mandatory.
  9. Amendment of Terms of Use
    9.1. KEBA is entitled to amend these Terms of Use at any time, including but not limited to incorporating changed legal regulations or including new or modified services.
    9.2. The User will be informed in writing of planned changes to the Terms of Use no later than two weeks before the effective date of the new Terms of Use. The changes shall be deemed accepted by the User if they do not object to the changes in writing prior to the proposed effective date. The deadline for objection is only met if the objection is received by KEBA within the deadline.
  10. Final Provisions
    10.1. Austrian substantive law shall exclusively apply, excluding the applicability of the UN Convention on Contracts for the International Sale of Goods and international reference norms.
    10.2. The place of performance and the place of delivery is the registered office of KEBA.
    10.3. The exclusive jurisdiction of the competent court at the place of performance is agreed upon for any disputes between the User and KEBA.

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Selina Saliger
Selina Saliger Administrative Sales Support +43 732 7090 27441 [email protected]
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