General Terms and Conditions for use of Ski amadé smart ski goggles
Ski amadé GmbH (hereafter the “Operator”) provides its customers (hereafter “Users") with a free app (hereafter the “Application”).
The Operator exclusively offers use of the Application on the basis of the following General Terms and Conditions of Business.
1. Technical requirements
Users must themselves ensure that the technical requirements are met and that their equipment is configured for use of the Application. All Users are obliged to activate the safety settings recommended by the manufacturers of their equipment and to ensure the corresponding securing devices. The User shall be liable to the Operator for any damage or loss arising from breach of this safety obligation.
2. Conditions of use
The User shall undertake to use the Application such that it does not sustain any impairment, overload, or damage and that the objective pursued by this Application is neither endangered nor circumvented. The User may not circumvent or modify the Application's safety precautions himself or cause them to be circumvented or modified by third parties. The User is strictly prohibited from copying, modifying, reverse engineering, decompiling and/or disseminating the software supplied.
In the event of abuse of the Application or a violation of the conditions of use, the Operator shall be entitled to temporarily or permanently exclude the User from use of individual or all Application functions, without any claims accruing to the User.
The Operator shall be entitled to assert claims for indemnification in the event of violation of the conditions of use.
3. Application availability
The Operator shall at any time be due to the right to temporarily or permanently deactivate the Application for the purposes of further development or technical maintenance, without this providing grounds for the Operator's liability. The Operator shall also be due the right to redesign the Application at its discretion.
The User shall have no claim against the Operator for a specific possible use or permanent and uninterrupted availability of the application. The Operator does not, therefore, accord Users any specific Application scope of performance, functionality or error-free operation.
The Operator does not warrant the completeness and accuracy of the information transmitted. The distances and directions displayed in the mobile app are as the crow flies only.
The Operator shall not be liable if the User sustains injury or loss as a result of non-availability of the Application content, or incorrect, incomplete or delayed transmission of information.
Data transmission within the Application is unencrypted. Use of the Application is solely at the User’s risk. The Operator will not install any anti-virus or other protective programmes for use in the Application. Furthermore the Operator shall not assume any liability for any damage to the hardware or software in the User’s equipment, for the User’s loss of data, or for other damage caused to the User in connection with use of the Application.
5. Data protection
Users declare that they expressly consent to the Operator storing and processing user details and users’ personal data for internal purposes and technical reasons. In return the Operator warrants that all user data will only be processed as is lawful.
The User furthermore agrees that the Operator may use his or her registration data for internal user identification purposes. Once the User has registered on the www.skiamade.com website or via the mobile app, with user identification he or she will also be able to call up his or her own user profile on the other medium. The User also expressly consents to his or her current location being displayed via geolocation (GPS data).
As service recipients within the terms of section 107 (3) Austrian Telecommunications Act (TKG), mobile app users furthermore expressly consent to receiving regular e-mails regarding similar products and services via the e-mail address given during registration.
6. Agreements on jurisdiction
Austrian law alone, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall apply to disputes arising from these General Terms and Conditions of Use. The jurisdiction shall be the Operator’s registered office. The Operator assumes no warranty for the data processed.