TAPIO ECOSYSTEM
TERMS AND CONDITIONS OF USE FOR THE TAPIO SERVICE "DATASAVE"

  1. GENERAL

    1. The present Terms and Conditions of Use for the DataService tapio service ("DataService") of tapio GmbH, Karl-Berner-Straße 4, 72285 Pfalzgrafenweiler ("we", "us") set out the special terms for the licensing and use of the services we ourselves offer our customers ("customer(s)", "you") via tapio.
    2. In addition to these Terms and Conditions of Use, the general terms and conditions of use for the platform ("Terms and Conditions of Use") agreed between us and the customer shall also apply, even when this is not explicitly reiterated for each individual topic (e.g. liability, place of jurisdiction). In the case of discrepancies between the provisions of the Platform Terms and Conditions of Use and the provisions of these Terms and Conditions of Use, the provisions of these Terms and Conditions of Use shall take precedence over the Platform Terms and Conditions of Use.

  2. REGISTRATION

    To be able to use DataSave, you must be registered on tapio as an authorized service user and have purchased the service. Where the service relates to certain machines or systems, the service right of use shall only apply to those machines and systems which the customer uses for itself and its affiliated companies for processing its own internal business transactions ("Authorized Machines") and for which the service has been purchased. Using services for the machines and systems of third parties (especially through the registration of third-party machines/systems in the admin portal) is expressly prohibited.

  3. INFORMATION REQUIREMENTS

    If you would like to use DataSave, we ask every service user to register by providing their email address and name, and by giving their consent for the processing of personal data. The relevant customer administrator can then grant service users the rights to use the service, provided that the machine has already been activated as a tapio-connected machine. In this case, tapio shall first check whether the machine is suitable for the service. The service can only be used by entering the access data generated in this process.

  4. SCOPE OF SERVICES

    1. The scope of functions of DataSave is described in the DataSave product description, which is available to view at the tapio shop (https://store.tapio.one). The information contained in the backup is defined by the machine manufacturer and is thus out of our control. The accessible scope of information may therefore vary, based on the options a tapio partner has implemented for its machines. Tapio offers no guarantee or warranty for the scope, quality or content of the partner's information or individual features.
    2. Data recovery is provided by the function installed in the machine control system by the machine manufacturer; tapio assumes no liability for this.
    3. In addition, the properties and availability of the tapio app shall be subject to the relevant provisions of the Platform Terms and Conditions of Use.
    4. DataSave can only be used as an application for machines and has no mobile app or online application.
    5. The specific scope of use (e.g. maximum number of machines and/or users) is set out in the product description. At the end of the initially agreed period of use, the term shall be automatically extended by the additional term selected at the point of purchase.
    6. In addition, the type, content, scope and limits of the usage right purchased for DataSave is set out in the Platform Terms and Conditions of Use.
    7. Of each data category specified, the five most recent instances can be viewed and recovered in DataSave.
  5. DATA USE, DATA PROTECTION

    1. Our policy on data use and data protection can be found under https://www.tapio.one/policy.
    2. The use of the service requires a separate order processing agreement with tapio GmbH. To sign this agreement, please click the relevant button during the order process.
  6. FEES

    1. The level of fees payable by the customer shall be determined by the fee model applicable for ServiceBoard and the prices valid at the time of the order.
    2. In addition, the fees payable by the customer and the payment terms shall be subject to the provisions of the Platform Terms and Conditions of Use.
  7. RESPONSIBILITY OF THE CUSTOMER

    1. The customer shall be responsible for the provision and maintenance of the required system as specified in the product description and in the Platform Terms and Conditions of Use.
    2. The machines for which DataSave is to be used and which are Authorized Machines within the meaning of Clause 2 must be connected to the Internet. The DataSave service must be purchased and a separate usage fee must be paid for each machine for which DataSave is to be used. In addition, Clause 2 shall apply and DataSave may only be used by authorized service users, who comply with the Platform Terms and Conditions of Use.
    3. It is made clear that the other provisions of the Platform Terms and Conditions of Use regarding the customer's responsibilities and duties of cooperation also apply, in particular concerning the use of the tapio app and the interpretation and usage of the data/information which the customer can access via the app.
  8. TERM, TERMINATION

    1. Unles otherwise explicitly specified in the product description, DataSave cannot be terminated before the end of the initially agreed term. The customer shall be entitled to terminate the service no later than three days prior to the end of each term that has been automatically extended. The notice of termination shall be submitted at https://administration.tapio.one using the designated function.
    2. The other provisions of the Platform Terms and Conditions of Use, including the right to early extraordinary termination for good cause shall remain unaffected.
  9. OTHER PROVISIONS

    1. These Terms and Conditions of Use, together with the product description including price information, available at https://store.tapio.one, and the Platform Terms and Conditions of Use, which are available separately, shall constitute the entire agreement between us and the customer for the tapio app ordered.
    2. The general purchasing or other terms and conditions of the customer shall not apply.