TAPIO ECOSYSTEM
TERMS AND CONDITIONS OF USE FOR THE TAPIO SERVICE “TWINIO”

  1. GENERAL

    1. The present Terms and Conditions of Use for the tapio service twinio ("twinio"), belonging to 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 the present (these) Terms and Conditions of Use, the general terms and conditions of use for the tapio Ecosystem ("Platform Terms and Conditions of Use") agreed between you and us 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. DEFINITIONS

    1. Physical objects include tools and other materials.
    2. Instances are physical objects which are uniquely identifiable via their identifiers.
    3. A Digital twin is the digital representation of a unique physical object by means of master data or instance data.
    4. Master data describes the basic properties of physical objects and is comparable with the information in a product catalogue. Master data is part of the digital twin.
    5. Instance data refers to the concrete occurrence of master data. Due to specific subtleties in the production process, individual instances of the same physical object can vary (e.g. precise, unique geometry data of tools). Instance data is part of the digital twin.
    6. Process data refers to information generated by the physical object in the customer’s production process (e.g. measurements, events and results).


  3. REGISTRATION

    To be able to use twinio, you must be registered on tapio as an authorized service user and have purchased the service. Where the service or add-on modules relate 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

  4. INFORMATION REQUIREMENTS

    If you wish to use twinio, 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. The service can only be used by entering the access data generated in this process.


  5. SCOPE OF SERVICES

    1. The scope of functions of twinio is set out in the twinio product description, which is available to view at the tapio shop (https://store.tapio.one ). 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. tapio offers no guarantee or warranty for the scope, quality or content of tapio partners' potential information or individual features.
    2. twinio is a service that supports the digital management of physical objects in a company. tapio does not check the content, quality or scope of the information provided by the tapio partner or added by the customer. In individual cases, the scope of information may vary, based on the options a tapio partner has implemented. tapio offers no guarantee or warranty for the scope, quality or content of the partner's information and gives no undertaking that the information is complete or correct.
    3. twinio can be used both as a web application for mobile operating systems and in the browser. Specific details can be found in the product description, which is available to view.
    4. Information on the specific scope of use (e.g. maximum number of physical objects which can be managed using the application) can be found in the product description and the specific service license that has been purchased. 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.
    5. In addition, the type, content, scope and limits of the usage right purchased for twinio are set out in the Platform Terms and Conditions of Use.


  6. DATA USE, DATA PROTECTION

    1. Our policy on data use and data protection can be found under https://www.tapio.one/policy
    2. Master data: The owner of the master data is the manufacturer of the physical object, unless the master data has been added by the customer. The manufacturer shall be entitled to change the master data at any time. The manufacturer's master data is freely usable
    3. Instance data: The owner of the instance data is the manufacturer of the physical object, unless the instance data has been added by the customer. By making the physical object available for a limited period of time (e.g. by way of leasing), the manufacturer grants the customer a worldwide, exclusive right to use its instance data, which is limited to the agreed leasing period for the physical object. If the customer obtains ownership of the physical object and/or the instance, the customer simultaneously becomes the owner of the instance data.
    4. Process data: The owner of the process data is the customer.
    5. If the customer uses the option of the scan function, an anonymous number code is transmitted to the respective service provider in order to register the terminal as an active terminal during the first scan and, further, to record the number of scans.
    6. 6.6 To ensure a smooth service and to improve its products, tapio shall be entitled, subject to the customer’s approval, to share instance and process data with the manufacturer of the physical object and with third parties.


  7. FEES

    1. The level of fees payable by the customer shall be determined by the fee model applicable for twinio 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.
    3. The manufacturer may charge the customer an additional fee for any services it provides.


  8. 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. 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 twinio and the interpretation and usage of the data/information which the customer can access via twinio.


  9. TERM, TERMINATION

    1. Unless otherwise explicitly specified in the product description, twinio 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.


  10. 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.