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KNIPEX Tools
Quality — Made in Germany

KNIPEX App Terms of Use

 

Last Revised: 2022/12/07

 

1. Scope

These General Terms of Use (hereinafter "Terms") apply to the use of the "KNIPEX App" (hereinafter "App") offered by KNIPEX Tools LP (hereinafter "KNIPEX") and all related services (hereinafter "Services"). 

The use of the Services is governed exclusively by these Terms. They are part of the App offered via the Apple App Store/Google Play Store between KNIPEX and a person who would like to download and use the App on a suitable end device (hereinafter "User"). Conditions deviating from these General Terms and Conditions only apply if KNIPEX has agreed to them in writing. If the App is downloaded from a third-party provider, for example via the Apple App Store (for iOS devices) or the Google Play Store (for Android devices), the corresponding conditions of the respective third-party provider also apply.

 

2. Conclusion of the User Contract; User Account Responsibility

By accessing, browsing, submitting information to and/or using the App, or registering a user account in the App, the User accepts these Terms. If a User does not agree to these Terms, please do not use the App.

 

Without registration, the use of one or more Services is not possible or only possible to a limited extent. 

 

KNIPEX does not currently charge any fee for using the Services.

 

If a User is given or creates a password to access the App, the User is responsible for maintaining the confidentiality and security of their account, including all of their passwords.  When creating an account, the User agrees to provide KNIPEX with accurate and complete information and detail, as required, and to keep it up to date.  The User is responsible for all activities that occur under their account and the User agrees to notify KNIPEX immediately of any unauthorized use of their account.  KNIPEX is not responsible for any loss that a User may incur as a result of any unauthorized person using their account or password. 

 

3. Services

The Services offered by KNIPEX in the App include the following:

  • •    Detailed product search using the "Product Finder" and/or the "KNIPEXplorer" by means of which information on tools – sometimes in different forms of display – can be called up and suitable products can be searched for;
  • •    Maintenance of a wishlist with which the User can save products in their user account and retrieve them at a later point in time; and
  • •    Setting further user-specific preferences.

Prohibited Uses. Users agree to not:

  • •    Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of them;
  • •    Attempt to gain unauthorized access to any App account, computer systems or networks associated with KNIPEX or the App;
  • •    Obtain or attempt to obtain any materials or information through the App by any means not intentionally made available or provided by KNIPEX;
  • •    Use any robot, spider, or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  • •    Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • •    Attack the App via a denial-of-service attack or a distributed denial-of-service attack; or
  • •    Impersonate or attempt to impersonate KNIPEX, a KNIPEX employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

4. Technical Requirements and Use of the Services

The provision of the Services requires the User's mobile device (in particular data transmission and telephony) and the mobile network of the User's mobile network provider to be functional and ready for operation. The functionality and operational readiness of the mobile end device and the mobile phone connection are not part of the Services provided by KNIPEX; the User is responsible for this.

 

In order to use the "Product Finder", "Wishlist" and "KNIPEXplorer" Services, the User must first create a user account in the App and then log in.

 

KNIPEX reserves the right to continuously adapt the Services and the requirements for using the Services. In order to use the Services, the User should therefore keep the operating system of their mobile device and the App up to date. Otherwise, trouble-free use of the Services cannot be guaranteed.

 

5. Care and Support

KNIPEX is not obliged to update the App or to carry out other regular or irregular updates/upgrades. However, if KNIPEX provides updates and/or upgrades for download, the User is obliged to install them. Otherwise, KNIPEX cannot ensure that the App works properly or that the information provided is up to date. 

 

6. Rights of Use and Intellectual Property

The User is granted a simple, free, non-exclusive, non-transferrable and non-sublicensable right to use the Services in accordance with the provisions of these Terms. Further rights of use are not granted. KNIPEX can revoke this right of use at any time.

 

The User is prohibited from sublicensing, transferring, distributing, sharing or otherwise generating revenue from the Services or copying them onto any public or distributed network. Furthermore, they may not decompile, reverse engineer, disassemble or otherwise attempt to obtain any part of the Services, any source code, object code or underlying structural ideas, know-how or algorithms or other functional mechanisms of the Services, unless this is permissible in individual cases due to mandatory legal regulations. Finally, the User must use the App and the Services in such a way that applicable laws and regulations are not violated. 

 

The App itself and the graphics, diagrams, photos, illustrations, user interfaces and other images and moving images as well as editorial content contained therein are the property of KNIPEX and/or third parties. This also applies if the User alters the App or connects it to their own programmes or those of a third party. If and to the extent that App content contains intellectual property of third parties, it is guaranteed that KNIPEX has duly acquired this intellectual property from third parties and/or is entitled to use it within the scope of the App and, if necessary, to license it further. The User is not entitled to use such protected content or materials in any way, except within the scope of the intended use of the App in accordance with these terms of use.

 

The User is not granted any rights or licences with regard to the "KNIPEX" word mark, the KNIPEX logo and other marks used in connection with the App.

 

The above provisions of these Terms also apply to any updates and/or upgrades provided by KNIPEX that replace or supplement the original App, unless such an update and/or upgrade is subject to a separate usage agreement. In this case, the update and/or upgrade will be subject to the terms of the separate usage agreement.

 

7. Warranty and Disclaimer

KNIPEX assumes no liability or guarantees regarding the availability, reliability, functionality or suitability of the App for the User's purposes. The product details provided by KNIPEX are non-binding. They are not guaranteed quality features, but serve as descriptions and identifications. KNIPEX does not guarantee that the products identified by the User via the "KNIPEXplorer" are suitable for the purposes intended by the User. KNIPEX strives for up-to-dateness at all times, but is never obliged to update the App content.

 

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY KNIPEX TO YOU VIA THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. KNIPEX AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, KNIPEX AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APP OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APP. YOU SPECIFICALLY ACKNOWLEDGE THAT KNIPEX AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE APP AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER KNIPEX NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APP WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. KNIPEX FURTHER MAKES NO WARRANTY THAT THE APP WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT KNIPEX, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APP OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST KNIPEX FOR DISSATISFACTION WITH THE APP OR THE CONTENT IS TO CEASE YOUR USE OF THE APP AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

 

8. Liability 

 

UNDER NO CIRCUMSTANCES SHALL KNIPEX OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE APP OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APP, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF KNIPEX OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE APP SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

9. Duration and Termination

 

The usage contract runs for an indefinite period and can be terminated by KNIPEX and/or the User at any time without notice.

 

The User can terminate the usage contract by deleting the App and the user account. If the User has created a user account within the App, this will continue to exist regardless of the deletion of the App from the User's mobile device. The user account can be deleted in the menu under "Settings" by tapping on "Delete account".

 

A permanent cessation of the Services to the User represents an immediate termination by KNIPEX.

 

The rights of use granted in accordance with these Terms expire in the event of termination of the user contract, so that the User is no longer entitled to use the App.

 

10. Privacy Policy

These Terms should be read in conjunction with any our Privacy Policy.  The processing of personal data by KNIPEX within the scope of the Services is explained in more detail in Privacy Policy, which can be accessed here.

 

11. Termination and Restriction of Access

In its sole discretion, KNIPEX may terminate or suspend Users’ access to the App for breach of these Terms or for any other reason. KNIPEX shall not be liable for any losses or damages arising from any such termination of service.

 

12. Indemnity

Users agree to defend, indemnify and hold harmless KNIPEX and its affiliates, directors, officers, employees, and/or agents (collectively, “KNIPEX Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of KNIPEX Indemnitees arising out of or relating to any Users’ content, violation of these Terms, violation of any applicable laws, rules or regulations in connection with the App, or from any other misuse of the App.  Users agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of KNIPEX Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, KNIPEX reserves the right to assume the exclusive defense and control of any proceeding that relates to KNIPEX, the App, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with KNIPEX in our defense thereof.

 

13. Changes to these Terms

KNIPEX may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by KNIPEX. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Users continued use of the App after any such change is communicated shall constitute your consent to such change(s).

 

14. App Store Sourced App Representations

  • •    Scope.  With respect to the software and App accessed or downloaded from the Apple App Store (“App Store Sourced App”), Users will use the App Store Sourced App only on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) that you own or control, and as permitted by the “Usage Rule” set forth in the Apple App Store Terms of Service.  KNIPEX reserves all rights in and to the App and software not expressly granted to you under these Terms.
  • •    Acknowledgment.  Users acknowledge and agree that (i) the Terms are valid between the User and KNIPEX only, (ii) Apple is not a party to this Agreement other than as a third-party beneficiary as contemplated below, and (iii) KNIPEX, not Apple, is solely responsible for the App Store Sourced App content.
  • •    Scope of License.  The license granted to Users for the App Store Sourced App is limited to a non-transferable license to use the App Store Sourced App on any Apple device that the User owns or controls and only as permitted by the Usage Rules.
  • •    Maintenance and Support.  Users acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to a User with respect to the App Store Sourced App.  KNIPEX is solely responsible for providing any maintenance and support services with respect to the App Store Sourced App, as specified herein or as required under applicable law.
  • •    Warranty.  KNIPEX is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of the App Store Sourced App to conform to any applicable warranty, Users may notify Apple and Apple will refund the purchase price of the App Store Sourced App to Users, if applicable.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be KNIPEX’s sole responsibility.
  • •    Product Claims.  Notwithstanding anything to the contrary herein, and subject to these Terms, Users and KNIPEX acknowledge that KNIPEX, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App Store Sourced App or the User’s possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
  • •    Intellectual Property Rights.  Users and KNIPEX acknowledge and agree that if the App Store Sourced App, or the User’s possession and use of the App Store Sourced App, infringes on a third-party’s intellectual property rights, Users will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.  KNIPEX is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. 
  • •    Legal Compliance.  Users represent and warrant that (i) Users are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Users are not listed on any U.S. Government list of prohibited or restricted parties.
  • •    Developer Name and Address.  Owner’s name is KNIPEX Tools LP and Owner’s contact information to which your questions, complaints, or claims with respect to the App Store Sourced App should be directed as provided below under “Contact Information.” 
  • •    Third-Party Terms of Agreement.  Users acknowledge and agree that they must comply with all applicable third-party terms of agreement when using the App Store Sourced App.
  • •    Third-Party Beneficiary.  Users acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this subsection of the Terms regarding App Store Sourced Apps, and that, upon Users acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this subsection of the Terms regarding App Store Sourced Apps against Users as a third-party beneficiary thereof.

 

15. Final Provisions

Illinois law applies to all legal relationships between KNIPEX and the User, excluding conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any cause of action or claim a User may have arising out of or relating to these Terms or the App must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

 

Should individual provisions of these Terms be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the provisions. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.  Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and KNIPEX as a result of these Terms or use of the App.  Users may not assign these Terms without the prior written consent of KNIPEX in all instances.  KNIPEX may assign these Terms, in whole or in part, at any time.  KNIPEX’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of KNIPEX’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by KNIPEX with respect to such use. 

 

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between Users and KNIPEX with respect to the App, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and KNIPEX.

 

16. Contact Information

We value your opinions and welcome your feedback.  To contact us about these Terms, please contact us at: [email protected]