LiveStatus by Agathon

Software Package App Disclaimer

 

1. Scope


These terms of use apply between Agathon AG, Maschinenfabrik (CHE- 101.500.458, Bellach, hereinafter "Agathon") and the customers (as well as the customers' employees and persons authorized by the customers) of Agathon who use the service described below (hereinafter jointly "customer"). Deviating terms of use of the customer do not apply.

 

2. Description of the product 

 

2.1. Notification service (hereinafter the "Service")

Cloud-based application to transmit machine status and selected production data from Agathon machines to a customer's mobile device or website using an external cloud software platform. The selection of the cloud software platform provider is at the sole discretion of Agathon. Agathon reserves the right to make changes at any time.

 

2.2. Provision of the data on the machine

Machine-side software is used to provide the data. For grinding machines, the software is available as an option for versions from AGC+5.7. Only after registration of the machine is the data continuously transferred to a cloud platform.

 

2.3. Registration of a machine

By registering a machine, the customer expressly agrees to the content of these terms of use and the terms of use of the cloud infrastructure used. He declares to have read and understood the conditions completely. After registration of the machine, the data is continuously transferred to a cloud platform.

 

2.4. Pairing of a machine with a terminal device

A machine can be paired with a mobile end device by visual contact. Several machines can be paired with one end device in succession. Performing the pairing creates an authorized end device. At the machine, each pairing can be individually disconnected. The handling of personnel access to the service is the sole responsibility of the customer.

 

2.5. Use of data by the customer

End devices (e.g., mobile phone or desktop-PC) can be authorized to display the data from the cloud platform for a machine by "pairing" them with that machine. The display can be on an app or on a website. All factors related to the app and/or the website, such as in particular (not exhaustively) handling, data security, access authorization, etc., are the sole responsibility of the customer. The Customer confirms that he fully complies with all applicable legal provisions in connection with the use of the Service (namely regarding data collection and processing). The customer is responsible for a legally compliant use of the service. Agathon does not assume any liability for this.

The customer shall be liable for any use and/or other activities carried out under its access data in accordance with the applicable statutory provisions.

 

3. Legal notes

 

3.1. Liability disclaimer

Liability claims against Agathon for damages of a material or immaterial nature arising from access to or use or non-use of the transmitted data, third party intervention, misuse of the connection or technical faults are expressly excluded. Agathon is also not liable for any errors, omissions, delays, interruptions or other defects in connection with the transmitted data, as well as for all measures that have to be taken by the customer due to possible defects.

 

3.2. Data privacy

        • No personal data will be collected.

        • The data will not be shared (unless Agathon is required to do so by a government agency).

        • The data may be used anonymously by Agathon for product improvement, preventive maintenance and similar applications. The customer gives his explicit consent to this.

        • The camera function is only used to read a QR code. No data is stored from this process.

3.3. Data security

The data is transmitted in encrypted form. Sender and recipient are identified. The encryption is the sole responsibility of the external cloud platform provider. In the absence of Agathon's possibility to cooperate, Agathon does not provide any warranty regarding the encryption of the data and does not assume any liability.

 

3.4. Right of use

With the execution of the registration Agathon is transferred a right of use to the data. The customer gives his explicit consent to this.

 

3.5. Accuracy

Agathon does not guarantee and is not liable for the correctness, accuracy, timeliness, reliability and completeness of the data provided.

 

3.6. Costs

Fees may be charged for the use of the service. These are set out in the current price list, which forms an integral part of these Terms of Use. Agathon reserves the unilateral right to adjust the price list at any time. The use of the service requires an internet connection.

 

3.7. Changes to the terms of use

Agathon is entitled to unilaterally adjust these Terms of Use at any time. The terms of use of the cloud infrastructure used may also be unilaterally adjusted by the respective provider at any time. The current version, which is made available to the customer, applies.

Likewise, Agathon has the sole discretion to discontinue the service at any time, temporarily or permanently, without compensation. Agathon shall not be liable for any costs, damages, consequential costs, etc. arising therefrom.

If any part of these Terms of Use is held to be unenforceable, the remaining provisions shall not be affected.

 

3.8. Export control regulations

This Service is subject to U.S. export control regulations and other laws and may not be exported to certain countries (currently Cuba, Iran, North Korea, Sudan, Crimea Region of Ukraine, and Syria) or to persons or entities prohibited from receiving export merchandise from the U.S. (including those (a) on the Bureau of Industry and Security's Denied Persons List or Entity List and (b) on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List). (a) on the Bureau of Industry and Security's Denied Persons List and Entity List, and (b) on the Office of Foreign Assets Control's List of Specially Designated Nationals and Blocked Persons).

 

3.9. Applicable law / place of jurisdiction

The present legal relationship is exclusively governed by Swiss substantive law. The exclusive place of jurisdiction for disputes arising from or in connection with these Terms of Use is the respective current registered office of Agathon.