Terms of use for KomAdapt

1.1 These terms of use govern the use of the web-based application „KomAdapt" (hereinafter „application" or „KomAdapt"), accessible at komadapt.de, as well as its associated functions and content.

1.2 Provider and contractual partner is:

Khoch3 KlimaKarten UG (haftungsbeschränkt)
Schaffhausener Straße 13, 50935 Cologne, Germany
Email: info@khoch3klimakarten.de
Managing directors: Janik Wischmeyer and Nils Derboven
Commercial register: Amtsgericht Cologne, HRB 118021
VAT identification number: DE367639307

1.3 Users of the application are municipalities, municipal institutions and other organisations activated by us, and the persons acting on their behalf (hereinafter „users"). KomAdapt is aimed exclusively at these bodies in the context of their professional or official duties and not at consumers.

1.4 These terms of use and any separately agreed contractual arrangements apply exclusively. Deviating terms of users do not apply unless we expressly agree to their validity in writing.

2.1 KomAdapt is a modular digital tool to support municipal climate adaptation. Depending on activation, it includes, among other things, the display of climate data, a measures catalogue, functions for researching measures and funding, reporting as well as participation and map functions.

2.2 The content of the application, in particular measures, funding and climate data, serves orientation and professional support. They do not replace legal, funding-law, planning or other professional advice in individual cases. Decisions based on the information provided are taken by the users on their own responsibility.

2.3 We continuously develop KomAdapt. Functions may be added, changed or discontinued insofar as this is reasonable for the users. If a function is in a test or pilot phase, we point this out.

3.1 Use of the application requires a user account. Activation is carried out by us. When registering, truthful and complete information must be provided.

3.2 Access data must be kept confidential and protected against access by third parties. Any suspicion of misuse must be reported to us without delay.

3.3 Users are responsible for all actions carried out via their account.

4.1 For the duration of the contractual relationship, we grant the respective user a simple, non-exclusive, non-transferable and non-sublicensable right to use the application as intended.

4.2 Not permitted in particular are the reproduction, editing, distribution or public making available of the application or its content beyond the contractually intended use, the extraction of content by means of automated procedures (e.g. scraping) and the making available of access to unauthorised third parties.

5.1 Users undertake to use the application only within the framework of applicable law and these terms.

5.2 Users ensure that the content they enter or upload does not infringe the rights of third parties or any legal requirements. Users are responsible for the correctness, lawfulness and up-to-dateness of this content.

5.3 Users refrain from any actions that may impair the availability, integrity or security of the application.

6.1 Content and data entered or uploaded to the application by users (hereinafter „user content") remain the responsibility of the users. We are granted the right to store and process user content exclusively for the purpose of the contractually compliant provision and operation of the application.

6.2 Insofar as user content contains personal data for which the user is responsible under data protection law, we process it on behalf of the user on the basis of a separate data processing agreement pursuant to Art. 28 GDPR.

6.3 After termination of the contractual relationship, we make the user content available in a common format or delete it by agreement, provided there are no statutory retention obligations to the contrary.

7.1 All rights to the application, in particular to the software, the measures and funding catalogue, the representations, the design and the trademarks, are held by us or our licensors.

7.2 Beyond the right of use granted under clause 4, no rights to the application or its content are granted to users.

8.1 We strive for the highest possible availability of the application, but do not owe uninterrupted availability. Times for maintenance, updates and outages due to circumstances outside our sphere of influence are excluded.

8.2 Where possible, we carry out scheduled maintenance outside usual usage times.

9.1 KomAdapt is currently made available within pilot engagements. An obligation to pay remuneration only exists insofar as this is expressly regulated in the respective pilot agreement.

9.2 If remuneration is agreed, the scope, billing period and payment modalities result from the separate contractual agreement or the offer.

10.1 We are liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

10.2 In the case of simple negligence, we are only liable for breach of an essential contractual obligation (an obligation whose fulfilting enables the proper performance of the contract in the first place and on whose compliance users may regularly rely), and then limited to the typical, foreseeable contractual damage.

10.3 Any further liability is excluded. In particular, we are not liable for decisions that users make on the basis of the measures, funding, climate or other information provided in the application; this information is indicative and is provided without guarantee of completeness, correctness and up-to-dateness.

10.4 Liability under the Product Liability Act remains unaffected.

11.1 Term and termination are governed by the separately agreed contractual or pilot agreement.

11.2 We are entitled to temporarily block a user account after prior notice in the event of serious or repeated breaches of these terms, or to terminate the contract for good cause.

We may change these terms of use with effect for the future, insofar as this is necessary for a substantive reason (e.g. change in law, expansion of functions) and does not unreasonably disadvantage users. We will inform users about changes in text form in good time.

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 Exclusive place of jurisdiction for all disputes arising from or in connection with these terms is, insofar as legally permissible, Cologne.

13.3 Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

Khoch3 KlimaKarten UG (haftungsbeschränkt)
Schaffhausener Straße 13, 50935 Cologne
Email: info@khoch3klimakarten.de

Further details can be found in our legal notice. Our privacy notice is available here.