1.1 Kesseböhmer Ergonomietechnik GmbH, Siemensstr. 6, 73235 Weilheim/Teck, Germany (“Kesseböhmer”) operates an electronic platform. This is an electronic management and control service for workstations together with associated accessories (also via the Internet, if applicable) – currently accessible with a browser via a website as well as by means of an app (referred to in these contractual terms and conditions as the “YOYO Smart Ergonomics Platform”). The service manages the use/reservation of workstations and other office assets and enables modern desk sharing for various participants.
2. Eligibility to register
2.2 You do not acquire any claims against Kesseböhmer in connection with the use of the YOYO Smart Ergonomics platform. These are exclusively due to the customer for whom you are acting with respect to Kesseböhmer. Something else only applies where you yourself are our customer as a natural person and have concluded the y contractual terms with us in your own name. In this case, you act below as your own administrator/user.
You are only allowed to register on the YOYO Smart-Ergonomics platform and use it if you are of legal age and have unlimited legal capacity. Minors are prohibited from registering.
2.3 Your access to the YOYO Smart-Ergonomics platform will be activated either following your confirmation of our invitation sent to you by email by calling up the activation link and following your assignment of an inpidual password within the period of time specified in the email or by our customer/its administrator – if necessary also by means of a single sign-on procedure via a link to your access to our customer’s systems. Please note that you can log in to the YOYO Smart Ergonomics platform using your ID and password – hereinafter also referred to as “access data”.
3. Responsibility for access data
3.1 You must keep your password secret and not render it accessible to unauthorized third parties.
3.2 It is your responsibility to ensure that during your access to the YOYO Smart Ergonomics platform you have continuous access to the email address where we sent you the initial invitation to participate with the activation link and which serves as your login ID. Kesseböhmer must be informed immediately should you lose this access or if it is feared that unauthorized third parties have gained or will gain knowledge of your password.
3.3 You are required to ensure that you are the sole user of your access to the YOYO Smart Ergonomics platform via the y App installed on your terminal device.
You are liable for any use and/or other activity carried out with the y app installed on your terminal device in accordance with the law. To this end, you agree to indemnify and hold Kesseböhmer harmless from and against any and all actions, damage, losses or claims that may arise from your participation in the YOYO Smart Ergonomics platform, unless such damage is due to the intentional misconduct or negligence of Kesseböhmer or its vicarious agents.
3.4 You are obliged to keep your data (including your name) up to date. In the event of any change to the data provided during the term of participation, you must immediately correct the information on the YOYO Smart Ergonomics platform in the settings there. Where this is not successful, you shall immediately notify Kesseböhmer of the changed data in another way, for example by email.
4. Your participation in the YOYO Smart Ergonomics platform
4.2 With regard to your participation in the YOYO Smart Ergonomics platform as a user of the Customer, you are obliged to ensure, prior to your respective use of the YOYO Smart Ergonomics platform, that it is supported by an appropriate consent of the Customer.
5. Termination/restriction of participation
5.1 Your access to the YOYO Smart Ergonomics platform will end automatically, without any termination or other notice to you being required, upon termination of the contractual relationship between the customer and Kesseböhmer or upon withdrawal of your status as administrator/other user by the customer with respect to Kesseböhmer on the YOYO Smart Ergonomics platform. The customer is entitled to withdraw this status from you or change it at any time.
5.2 Kesseböhmer reserves the right to wholly or partly block your access to the YOYO Smart Ergonomics platform temporarily or permanently, where the conditions agreed with the customer in the contractual relationship in this regard obtain.
5.3 Kesseböhmer is entitled to irretrievably delete all data created in the course of your participation following a lapse of 30 calendar days after blocking your access to the YOYO Smart Ergonomics platform and following the expiry of any statutory retention periods.
6. Service offer and availability of the services
6.1 Kesseböhmer provides the customer with different services on the YOYO Smart Ergonomics platform for temporary use depending on the agreements made with the customer. You are entitled to access and use the YOYO Smart Ergonomics platform to the extent agreed with the customer and, where applicable, to be determined by the customer itself. This may involve the virtual management/appointment booking of office space/workstations and (under certain circumstances) other resources, which allows the workstations/other office assets created on the YOYO Smart Ergonomics platform to be reserved/booked at certain times or otherwise managed via virtual appointment management. Various display and management functions enable efficient desk sharing and help to increase the utilization of your own office infrastructure. Finally, if agreed with the customer and provided that certain hardware components (e.g., box) are properly integrated, the YOYO Smart Ergonomics platform offers the option of controlling various (selected) components (e.g. height-adjustable desks, lights, etc.) in order to align the physical workplace ergonomically and set it up inpidually.
6.2 You do not have your own claim to the use/availability of the YOYO Smart Ergonomics platform in general and to certain functionalities/contents of the YOYO Smart Ergonomics platform in particular. Only the customer for whom and on whose behalf you are acting is entitled. Furthermore, by reserving a workstation/other office asset on the YOYO Smart Ergonomics platform (at a specific time), you do not acquire any entitlement to use/availability. The scheduling and other management of workstations and other office assets is solely intended to facilitate the customer’s effective use of resources and increase their utilization. The use of the YOYO Smart Ergonomics platform does not afford you any inpidual (usage) claims. The sole decisive factor is and remains your own contractual relationship with Kesseböhmer’s customer, who grants you the use of its workstations/other office assets on the basis of agreements made between you and it.
6.3 As far as and as long as the customer designates you as administrator – if applicable also as other user with a designated user profile – you are entitled to create third parties as new users of the customer on the customer’s behalf to the extent generally allowed by Kesseböhmer for this purpose on the y Smart Ergonomics platform and depending on the user profiles provided for this purpose respectively to invite them separately if applicable and to grant them as well as existing users of the customer authorizations to use the YOYO Smart Ergonomics platform and to withdraw them again. Upon initial registration as a (new) user, the respective third parties may receive an invitation to participate in the YOYO Smart Ergonomics platform from Kesseböhmer by email, together with a request to confirm their participation by clicking on an activation link. You must ensure that these third parties have consented to receive emails generated via the YOYO Smart Ergonomics platform – in particular as part of the initial registration and invitation process – and have been informed in advance about their participation in the YOYO Smart Ergonomics platform as users of the customer. However, under certain circumstances – depending on the YOYO Smart Ergonomics platform’s functional scope – you also select the access data incl. the personal password for the new users.
7. Protection of content, responsibility for third-party content
7.2 The contents available on the YOYO Smart Ergonomics platform originate partly from Kesseböhmer, partly from the customer together with its users and the other users of the YOYO Smart Ergonomics platform or also from other third parties. Content that does not originate from Kesseböhmer is hereinafter collectively referred to as “Third-Party Content”. Kesseböhmer does not check third-party content for completeness, accuracy or lawfulness and therefore does not assume any responsibility or warranty for the completeness, accuracy, legality and timeliness of the third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as it concerns third-party content on linked external websites/services.
Part of the services and functions of the YOYO Smart Ergonomics Platform may be the provision/generation of drafts for notifications to third parties – e.g. fault notifications. In this respect, these are only standardized drafts that are automatically supplemented with inpidual information. They do not replace legal advice nor does Kesseböhmer assume any liability for their contents’ accuracy. Your adoption of the drafts including the intended contact data by you is at your own risk and responsibility. You are obliged to check in each inpidual case whether the drafts are suitable for use in the specific inpidual case and to what extent they require prior adaptation.
8. Posting of own content by the customer and its users
Subject to the following provisions, you may under certain circumstances, namely depending on the scope of functions generally stipulated for this purpose, post content on the YOYO Smart Ergonomics platform and thus make it available to third parties.
8.1 By transmitting content to Kesseböhmer by means of the functions provided for this purpose on the YOYO Smart Ergonomics-platform – through its administrators or its other users where applicable – you agree on behalf of the customer with respect to Kesseböhmer to the Content’s inclusion and provision on the YOYO Smart Ergonomics platform. Kesseböhmer is entitled, but not obliged, to include the transmitted content on the YOYO Smart Ergonomics platform. Especially where a specific data size – related to single or all posted contents – is exceeded, Kesseböhmer reserves the right to refrain from inclusion on the YOYO Smart Ergonomics platform.
8.2 You may only transmit and post factual content on the YOYO Smart Ergonomics platform. The information transmitted to Kesseböhmer must be carefully compiled and may only contain objectively accurate information. Clause 10 shall be observed in all other respects.
8.3 With the transmission of content you grant Kesseböhmer for the customer in each case a free, spatially, content-wise and temporally unlimited, transferable, non-exclusive right of use of the respective content, in particular
8.3.1. to store the content on the server(s) of Kesseböhmer or the third parties commissioned by Kesseböhmer as well as to publish and distribute it, in particular to make it accessible to other users (e.g. by displaying the content on the YOYO Smart Ergonomics platform ),
8.3.2. to edit and reproduce, where this is necessary for the provision or publication of the respective content and stipulated within the scope of the functionalities of the YOYO Smart Ergonomics-platform; this includes in particular the complete or only partial editing, addition, deletion and other modification of the content by Kesseböhmer, other users of the YOYO Smart Ergonomics platform or other third parties.
8.3.3. to grant rights of use – including rights of use against payment – to third parties in respect of the Customer’s content in accordance with clause 9.
8.4 Kesseböhmer does not assume any responsibility for checking the transmitted content for completeness, accuracy, lawfulness, currency, quality and suitability for a specific purpose.
8.5 You declare and warrant to Kesseböhmer on behalf of the customer that you are the sole owner of all rights to the content transmitted by you or are otherwise authorized (e.g. by an effective permission of the rights holders) to transmit the content to Kesseböhmer – while granting the rights of use according to clause 8.3 – to make it available for use on the YOYO Smart Ergonomics platform and to make it available to its users via the YOYO Smart Ergonomics platform. Therefore, prior to transmitting images and other information, you shall ensure that you have sufficient rights of use to them or to the respective files and that making them available on the YOYO Smart Ergonomics platform does not violate any statutory provisions, morality and/or the rights of third parties. Where you transmit personal data – e.g. photographs in which persons can be recognized – this may only take place if the effective consent of the persons concerned has been obtained.
9. Right of use regarding content available on the YOYO Smart Ergonomics platform.
9.1.1. you may only retrieve and display the content available on the YOYO Smart Ergonomics platform for the customer’s own purposes. This right of use is limited to the duration of the contractual participation in the YOYO Smart Ergonomics platform;
9.1.2. you are prohibited from wholly or partly editing, modifying, translating, displaying or performing, publishing, exhibiting, reproducing or distributing any content available on the YOYO Smart Ergonomics platform. Likewise, it is prohibited to remove or modify copyright notices, logos and other marks or protective notices.
9.2 You are only entitled to download contents (“Download”) as well as to print contents, as far as a possibility to download or to print is available on the YOYO Smart Ergonomics platform as a functionality (e.g. by means of a download button).
9.3 Automated queries of the contents on the YOYO Smart Ergonomics platform by scripts, by bypassing the search function, the use of search software or comparable measures are prohibited. You also undertake not to use the content published on the Smart-Ergonomics platform, either wholly or partly or in excerpts, to build your own database or to make it available to third parties outside the functions provided for this purpose on the YOYO Smart Ergonomics platform.
10. Prohibited activities
10.1 You are prohibited from any activities on or in connection with the YOYO Smart Ergonomics platform that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors.
10.2 Furthermore, regardless of any statutory violation, when posting content on the YOYO Smart Ergonomics platform and communicating with other users and other third parties through the YOYO Smart Ergonomics platform (e.g., by sending personal messages), you are also prohibited from the following activities:
10.2.1. Hacking attempts, i.e. attempts to overcome, circumvent or otherwise disable the YOYO Smart Ergonomics platform’s security mechanisms, in particular brute force attacks,
10.2.2. application and/or dissemination of viruses, worms, Trojans and other harmful files,
10.2.3. other measures or procedures that may interfere with the YOYO Smart Ergonomics platform including all hardware and software used for the Smart-Ergonomics platform’s operation and/or may harm Kesseböhmer or users;
10.2.4. harassing other users and other users, e.g. by contacting them personally several times without any response from the other person or contrary to their response, as well as encouraging or supporting such harassment;
10.2.5. requesting other users to disclose passwords or personal data;
10.2.6. the distribution and/or public reproduction of content available on the YOYO Smart Ergonomics-Platform, unless the Customer is expressly permitted to do so by the respective author or it is expressly made available as functionality on the YOYO Smart Ergonomics platform.
10.3 You are also prohibited from taking any action that is likely to interfere with the smooth operation of the YOYO Smart Ergonomics platform, in particular placing an excessive load on Kesseböhmer’s systems.
10.4 Please contact Kesseböhmer immediately if you become aware of any illegal, abusive, non-contractual or otherwise unauthorised use of the YOYO Smart Ergonomics platform. Kesseböhmer will then investigate the matter and take appropriate action where necessary.
10.5 Where illegal or sanctionable acts are suspected, Kesseböhmer is entitled and, if necessary, also obliged to review your activities and to take appropriate legal steps where necessary. This may also include the forwarding of a case to the public prosecutor’s office.
11.2 Kesseböhmer will inform the customer by email and/or vial the app in the event of a temporary or permanent block.
12. No warranty for user content
12.1 Kesseböhmer does not assume any liability for the accuracy and completeness of the information provided by the YOYO Smart Ergonomics platform’s users – especially with regard to the reservation/availability of workstations/other office assets -, content posted by the users, statements made as well as for the users’ identity and integrity.
12.2 The content posted on the YOYO Smart Ergonomics platform constitutes external content for Kesseböhmer within the meaning of section 8(1) of the German Telemedia Act (TMG). Accordingly, the legal responsibility for this content does not lie with Kesseböhmer, but with the person who has posted the content on the YOYO Smart Ergonomics platform.
13.1 Should you sustain any losses as a result of the use of services provided free of charge on the YOYO Smart-Ergonomics platform (including the retrieval of free content), Kesseböhmer shall only be liable to the extent that the loss has arisen as a result of the use of the free content and/or services in accordance with the contract and only in the event of intent (including fraudulent intent) and gross negligence on its part.
13.2 Liability for third-party content is also excluded or limited under clause 7.2.
13.3 The above limitations of liability do not apply to Kesseböhmer’s liability for wilful misconduct, for guaranteed characteristics, for death, physical injury or sickness or under the Product Liability Act.
13.4 The foregoing provisions of this clause 13 are not associated with a change to the burden of proof to the customer’s detriment.