According to § 5 TMG: Vineyard Cloud GmbH Ruprechtstraße 37 67483 Edesheim ​ Register court Landau - HRB 32005 Sales tax identification number: DE309639359 Tax number: 24/670/03382 Represented by business executive: Marcel Sambale-Lergenmüller Contact: Phone: +49 6345 949 29 35 Email: info@vineyard-cloud.com Responsible for the content according to § 55 Abs. 2 RStV: Vineyard Cloud GmbH Ruprechtstraße 37 67483 Edesheim Imprint Contents: Disclaimer Privacy policy Privacy policy for the use of Google Analytics Hardware purchase agreement Software license agreement Data privacy statement for apps Terms of use Our offer contains links to external third party websites, over whose content we have no influence. Therefore we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. Permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of legal violations, we will remove such links immediately. Liability for links As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7 (1) of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. ​ Obligations to remove or block the use of information under general law remain unaffected. Liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately. Liability for contents Disclaimer Copyright The content and works on these pages created by the website operator are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. As soon as we become aware of legal violations, we will remove such content immediately. With this information we inform you about the processing of your personal data in accordance with the EU General Data Protection Regulation (EU GDPR) that has been in force since May 25, 2018 and the rights you are entitled to under the new data protection law. 1. Responsible for data processing This data protection notice applies to data processing by: Vineyard Cloud GmbH (hereinafter: Vineyard Cloud) represented by the shareholder: Marcel Sambale-Lergenmüller Ruprechtstr. 37, 67483 Edesheim Email: info@vineyard-cloud.com Phone: +49 6345 949 29 35 2. Collection and storage of personal data as well as type and purpose and their use We process your personal data in compliance with the EU GDPR, the Federal Data Protection Act (BDSG) and all other relevant legal provisions only for the purposes stated in this data protection declaration. The data processing of your personal data, which you provide to us by email, contact form, telephone, etc., takes place on your request. You give us your voluntary consent for the purpose of contacting us. You are not obliged to provide us with your personal data. But without providing a valid email address or an address or a telephone number, we cannot process your request. We collect the following information to process and process your request: Salutation, first name, last name, a valid email address, Address, Telephone number (landline and / or cellular network), Bank details. The collection of your personal data takes place in order to be able to identify you as our customer and to be able to assign your request, to answer, handle and process your request, for correspondence with you, for invoicing, to process any liability claims that may exist and all sub-steps of sales, for mailing for advertising purposes, ie we inform you about offers, new products from our range, news and general information about us, When you register for the newsletter, your e-mail address will be used for advertising purposes, ie in the context of the newsletter we will inform you in particular about products from our range, about offers and news. For statistical purposes, we can evaluate which links are clicked in the newsletter. We cannot tell which specific person clicked. Your e-mail address will only be saved for the duration of the desired registration for the newsletter dispatch. We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as this is necessary to achieve the above-mentioned purposes or if we are legally obliged to do so or you have consented to storage beyond the statutory storage periods. After the respective purpose or expiry of the statutory storage periods, the personal data collected by us will be deleted. 3. Transfer of data to third parties A transfer of your personal data to third parties for purposes other than those listed below does not take place. We will only pass on your personal data to third parties if You have given your express consent the processing is necessary for the performance of a contract with you or to carry out pre-contractual measures, the processing is necessary to fulfill a legal obligation. This includes in particular the transfer to suppliers, debt collection companies, lawyers and courts. 4. Rights of data subjects You have the right: In accordance with Art. 7 Para. 3 GDPR, you can withdraw your once given consent to us at any time. As a result, we are no longer allowed to continue the data processing based on this consent in the future; to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a The right to lodge a complaint, the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on their details; in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us; to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless processing to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims is required; In accordance with Art. 18 GDPR, to request the restriction of the processing of your personal data if you dispute the correctness of the data, if the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it to assert or exercise it or if you need to defend legal claims or you have objected to processing in accordance with Art. 21 GDPR; in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible and to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your habitual place of residence, your place of work or the place of the alleged violation. 5. Right to object If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit.f GDPR, you have the right to object to the processing of your personal data in accordance with Art. that arise from your particular situation. If you would like to exercise your right of objection, an email to is sufficient info@vineyard-cloud.om . 6. Data transfer to a third country Should we or a third party transfer personal data to service providers outside the European Economic Area (EEA), the transfer will only take place if the EU Commission has confirmed an adequate level of data protection for the third country or other appropriate data protection guarantees (e.g. binding internal data protection regulations or EU standard contractual clauses). available. 7. Changes to our data protection regulations We reserve the right to adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. Information on data processing The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration. As a rule, our website can be used without providing personal data. Insofar as personal data (e.g. name, address or email address) is collected on our website, this is always done on a voluntary basis as far as possible. These data will not be passed on to third parties without your express consent. We point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible. Data privacy Privacy policy If you have given your consent, Google Analytics, a web analysis service of Google LLC ("Google"), is used on this website. The use includes the "Universal Analytics" operating mode. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus to analyze the activities of a user across devices. This data protection notice is provided by www.intersoft-consulting.de . Privacy policy for the use of Google Analytics We use HubSpot for marketing activities on our website. HubSpot is a software company from the USA with a branch HubSpot Ireland Limited in 2nd Floor 30 North Wall Quay, Dublin 1, Ireland. We use this integrated software solution for our own marketing, lead generation and customer service purposes. This includes email marketing which governs the sending of newsletters as well as automated mailings, social media publishing and reporting, contact management such as user segmentation and CRM, landing pages and contact forms. HubSpot uses cookies, which are small text files that are stored locally in the cache of your web browser on your end device and allow us to analyse your use of the website. HubSpot evaluates the information collected (e.g. IP address, geographical location, type of browser, duration of the visit and pages viewed) on our behalf so that we can generate reports on the visit and the pages visited. Information collected by HubSpot and the content of our website is stored on servers of HubSpot's service providers. Insofar as you have given your consent to this in accordance with Art. 6 Para. 1 Sentence 1 lit. a DSGVO, the processing on this website is carried out for the purpose of website analysis. Since a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard contractual clauses with the provider in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even through this contractual extension, we endeavour to obtain additional regulations and assurances from the recipient in the USA. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. You can permanently object to the collection of data by HubSpot and the setting of cookies by preventing the storage of cookies accordingly through your browser settings. You can object to the processing of your personal data at any time with future effect. Privacy policy for the use of Hubspot The following contract between the provider and its customer regulates the conditions for the purchase of GPS transmitters (devices). § 1 Subject matter of the contract (1) The customer purchases the devices specified in the order form (hereinafter also referred to as products) from the provider. The order form is an integral part of the contract. (2) The Customer shall receive the operating instructions provided by the manufacturer for the hardware. (3) Set-up, installation or establishment of technical operational readiness are not part of this contract. They can be provided by the provider on request, but are subject to a separate agreement. At the Customer's request, a separate agreement can be made regarding further services of the Provider (consulting, instruction, training). (4) The customer acquires ownership of the hardware only upon full payment of the remuneration invoiced for it. ​ § 2 Delivery, force majeure, transfer of risk (1) Delivery shall be made free of charge to the domestic address stated in the order form. Deliveries abroad shall be made by separate agreement in the purchase form. (2) The risk of accidental loss or deterioration of the products shall pass to the customer when the products are handed over to the carrier specified by the supplier. At the Customer's written request, the Supplier shall take out appropriate freight insurance at the Customer's expense. (3) The delivery period can be found on the order form. (4) If the supplier, despite exercising reasonable care, is prevented from fulfilling its obligation due to force majeure, in particular due to the occurrence of unforeseeable, extraordinary circumstances (e.g. energy supply difficulties, strike or lockout, operational disruptions), the delivery period shall be extended to a reasonable extent. If delivery and performance becomes impossible for the supplier in such cases, the supplier shall be released from its performance obligations. ​ § 3 Obligations of the customer (1) The customer shall ensure that the GPS transmitters can be properly delivered at the agreed delivery time. (2) The customer shall put the GPS transmitters into operation independently upon receipt. (3) The customer is obliged to check the contractual products for proper function and completeness immediately after delivery. The customer shall notify the provider of any defects immediately, if possible in writing and if reasonable in a form that is comprehensible to the provider (obligation to inspect and give notice of defects). In the event of defects that only become apparent at a later date, § 5 (3) and § 5 (4) shall apply. In the event of a breach of the obligation to inspect and give notice of defects, the delivery shall be deemed to have been approved with regard to the defect in question. (4) In the event of any notification of defects by the Customer, the Customer shall enable and grant the Supplier and its personnel unhindered access to the relevant equipment/rooms. ​ § 4 Remuneration (1) The customer shall pay the provider the remuneration shown in the order form plus the statutory value added tax. (2) Unless otherwise agreed, the invoiced amounts are due immediately. If the customer does not pay the agreed remuneration or only pays part of it, he shall be in default no later than 30 days after the due date. (3) If the customer does not pay or does not pay on time, the provider is entitled to charge interest on the customer's outstanding debt at a rate of 9 percent above the base interest rate from the date of default. (4) Any loss of the subject matter of the contract for which the provider is not responsible after the transfer of risk to the customer shall not affect the customer's obligation to pay. ​ ​ § 5 Material defects and defects of title (1) A material defect exists if the contractual items do not have the quality described in § 1 or are not suitable for the contractually agreed use. (2) The customer shall not be entitled to any claims for defects if he has used the products has modified the products or had them modified by third parties or used with products other than those provided, unless the customer proves that the material defect already existed at the time of delivery. If analysis and processing costs are significantly increased by the provider in these cases, the customer must reimburse the corresponding additional costs. (3) Claims for defects in the products shall become time-barred one year after delivery, unless they are claims for injury to life, limb or health or for intent or gross negligence. (4) Any defects that become known and occur must be reported by the customer, if possible in text form and immediately after discovery. The defects should be documented to the supplier by the buyer in as comprehensible a manner as possible. ​ (6) If the supplementary performance fails and the customer has set a reasonable deadline that allows at least two attempts at rectification, the customer may, at his discretion, withdraw from the contract or reduce the license fee. Subsequent performance shall not be deemed to have definitively failed after the second unsuccessful attempt at rectification; rather, the provider shall be free to choose the number of attempts at subsequent performance during the period set by the customer, insofar as this is reasonable for the customer. (7) The setting of a deadline by the customer is dispensable if this is no longer reasonable for the customer, in particular if the provider has finally and seriously refused subsequent performance. (8) In addition, the customer may, if the provider is at fault, claim damages instead of performance or reimbursement of expenses. (9) The right to withdraw from the contract and the right to claim damages in lieu of full performance shall only exist in the case of significant defects. (10) In the event of justified withdrawal on the part of the customer, the provider is entitled to demand reasonable compensation for the use of the products made by the customer until the reversal. This compensation for use shall be calculated on the basis of a two-year total period of use, with an appropriate deduction for the impairment due to the defect that led to the withdrawal. ​ (11) If the provider has fraudulently concealed a defect or assumed a guarantee for the quality, the statutory provisions on material defects and defects of title and their limitation period shall remain unaffected. ​ § 6 Warranty (1) If the manufacturer of the contractual products provides a guarantee, the supplier shall pass this on to the customer. For these cases, a guarantee card is enclosed with the products, which the customer will return to the supplier with a binding signature. The scope of the warranty, if any, is set out in the order form in conjunction with the manufacturer's warranty card. (2) In order to safeguard the warranty claims, the customer shall contact the manufacturer directly in the event of the occurrence of faults/defects covered by the warranty and shall observe the manufacturer's warranty provisions, in particular the integrity of the contract hardware, the type of notification, etc.​ (3) In the case of item 2, the customer shall in any case also inform the provider with regard to the possible assertion of claims and keep him informed about the handling of the guarantee by the manufacturer. (4) The provider shall be subject to the manufacturer's warranty conditions insofar as, on the one hand, the limitation period for liability due to material defects only begins with knowledge of the warranty conditions and, on the other hand, this period is suspended by the manufacturer's inspection, repair and replacement handling until the final conclusion of these efforts. ​ ​ § 7 liability (1) The provider has unlimited liability in the event of willful intent or gross negligence, for injury to life, limb or health, according to the provisions of the Product Liability Act and to the extent of a guarantee assumed by the provider. (2) In the event of a slightly negligent breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the customer can regularly rely (so-called cardinal obligation), the liability of the provider is limited to the amount of damage that occurs after is predictable and typical of the type of business in question. (3) The provider does not have any further liability. In particular, the provider is not liable for initial defects unless the requirements of Paragraphs 1 and 2 are met. (4) The above limitation of liability also applies to the personal liability of employees, representatives and organs of the provider. § 8 Place of jurisdiction, offsetting and rights of retention, exclusion of UN sales law, place of performance (1) If the customer is a businessman or a legal entity under public law, the place of jurisdiction for all disputes arising from and in connection with this is the registered office of the service provider (2) The customer can only offset against claims of the provider with undisputed or legally binding claims. The exercise of a right of retention that is not based on a right from this contractual relationship is ineffective. (3) This contract is subject to German law. The UN sales law is excluded. (4) The place of performance for the provider's services is at the provider's registered office. § 9 completeness, written form (1) All agreements between the parties are contained in this contract document. There are no further agreements. (2) Changes and additions to this contract must be made in writing. Hardware purchase contract

In the vineyard Everything in view with VYC One Focus on the essentials: Your vineyards. ​ With VYC One, you have everything in view. The solution for winegrowers simplifies all processes in the field. Easy to set up and easy to use. Schlagkartei Aufgaben Pflanzenschutz & DüV Vollkostenrechnung Zeiterfassung Lager & Geräte All areas at a glance - even in real time in the field. Your area management is the heart of all tasks in field operations and makes valuable knowledge transparent: What has already been processed, how much has been sprayed? Everything is documented with VYC One. Several owners on one area? No problem with VYC . By the way, we are already setting up the first areas in the demo. Quick task or detailed planning? Create tasks with one click and get started straight away. Or plan in advance, delegate tasks to the team in real time, assign machines and areas and nothing will be forgotten. The team can track their colleagues' progress in the VYC app and coordinate perfectly on the field. And you? Keep an eye on progress and costs at all times. Documentation? Already done. Times? Already recorded. Trigger follow-up tasks? Happens automatically. Save valuable time - with VYC One, the documentation of crop protection and fertilizer regulations is automated during the tasks. ​ VYC One makes life easier: overview of copper balance and resistance management as well as the connection of intelligent sprayers with farmunited and the calculation of the correct dosage based on the net area. Knowing what costs are incurred is the only way to maximize the efficiency of a business. With VYC One, you can easily evaluate your areas and compare costs. Efficient operations management requires a transparent overview of the times required, right down to task or area level. By starting, pausing and ending tasks, times are automatically recorded in detail. Evaluation with VYC One is a walk in the park. Do you have an overview of what is available in your warehouse? Thanks to VYC One, you can quickly see what's available or when you last ordered. Try out now ab 6 € pro ha und Jahr Try out now VYC Go bietet einen besonders günstigen Einstieg in das digitale Prozessmanagement. Der Funktionsumfang ist dabei auf die wichtigsten Kernfunktionen reduziert, um eine saubere Dokumentation und einen Überblick über laufende Prozesse zu ermöglichen. Für Einsteiger VYC Go ab 23,99 € pro ha und Jahr Try out now Mit VYC One sind Sie bereit für die Zukunft! Mit mehr Funktionen und tieferen Einblicken ist VYC One perfekt für größere Teams ab 3 Personen. ​ Teamleader-Funktion, Eigentumsverwaltung oder Timeline-Ansicht mit Prognosedaten - wann starten Sie? Für Fortgeschrittene VYC One * ROI average, calculated from feedback and customer data, depending on company size and scope of use of the application, 2022. Get to know now By using VYC , our customers can save between €2,500 and €65,000 per year* ​ With VYC you can keep an eye on your costs at all times. Reduce costs Increase efficiency Reduced machine consumption 11,9 % Less stress 18,8 % Sustainability 11,9 % Less processing effort thanks to optimized harvest quality 19,8 % Less working hours 37,6 % The most successful winemakers trust in VYC Happy clients for iOS, Android as well as the browser Easy to use available in multiple languages Full cost control Real-time collaboration VYC can offer more In contrast to GPS, RTK offers the possibility of recording geodata with an accuracy of 1 to 2 cm. RTK modules can also be retrofitted to machines. Just get in touch with us! RTK-Modules Intelligent devices require so-called M2M cards for data exchange. Our own data plan enables us to offer you an excellent price-performance ratio. M2M-Cards We know which tablets and smartphones work best and are also suitable for use in the field. We will be happy to advise you on affordable end devices with sufficient power. Devices Mounts and other accessories have to be able to withstand a lot outdoors. We are happy to supply you with suitable accessories for your mobile devices. Feel free to ask us! Accessory

AGB & license terms Contents: VYC Terms of Use Software license agreement I. Subject of the contract, changes § 1 Subject of the terms of use (1) Vineyard Cloud GmbH, Ruprechtstr. 37, 483 Edesheim (hereinafter referred to as "service provider") provides a software solution for digital vineyard management on its homepage www.vy-c.com . The users can access the content available on the platform and use various services depending on their availability. More information on the services can be found in the service description, § 7. (2) These terms of use regulate the provision of the services by the service provider and the use of these services by you as a properly registered user. § 2 Changes to the Terms of Use The service provider reserves the right to change these terms of use at any time with effect, including within the existing contractual relationships. The service provider will notify you of such changes at least 30 calendar days before the changes are planned to take effect. If you do not object within 30 days of receipt of the notification and continue to use the services even after the objection period has expired, the changes are deemed to have been effectively agreed upon expiry of the period. In the event of your objection, the contract will continue under the previous conditions. In the notification of change, the service provider will inform you of your right of objection and the consequences. II. Registration for use, handling of access data, termination of use § 3 Registration Authorization (1) The use of the services available on the platform requires your registration as a user. You received the corresponding access data when you signed the software license agreement. (2) You are only allowed to register if you are of legal age and have unlimited legal capacity. Minors are not allowed to register. In the case of a legal person, the registration must be carried out by a natural person with unlimited legal capacity and authorized to represent. § 4 Responsibility for the access data (1) When concluding the contract, you provide an email address to which we will send an automatic link. If you click on this link, you will be asked to set up a password for access to the platform. You can use this data to log in to the platform after your access has been activated. It is your responsibility to ensure that your username does not infringe the rights of third parties, in particular no name or trademark rights, and that it does not violate common decency. (2) You must keep the access data including the password secret and not make them accessible to unauthorized third parties. (3) It is also your responsibility to ensure that your access to the platform and the use of the available services are only carried out by you or by the persons authorized by you. If it is to be feared that unauthorized third parties have or will become aware of your access data, the service provider must be informed immediately. You are liable for any use and / or other activity that is carried out under your access data in accordance with the statutory provisions. § 5 Update of user data You are obliged to keep your data (including your contact details) up to date. If the data provided changes during the duration of your participation, please inform us of your changed data immediately by email. § 6 Termination of Use (1) With the termination of your software license agreement, the authorization for access to the platform also expires. From this point on, you may no longer use your access. The service provider reserves the right to block the user name and password after termination. (2) The service provider is entitled to irretrievably delete all data generated in the course of your participation at the end of 30 calendar days after the end of the contractual relationship after the expiry of any statutory retention periods. III. Services and content on the platform § 7 Range of services and availability of services (1) The service provider makes various information and other services available to you on the platform for use for a limited period of time. (2) All available services are designed to support the optimal management of your vineyards. Available services are among others Ready-to-use field card Process management Employee management Device management Plant protection module Fertilizer module Point of interest Dashboard (3) The services are based on data, contributions, image and sound documents, information, statistics, evaluations, analyzes and other content (hereinafter collectively referred to as "content") or generate them in order to support you in managing your vineyard. Data that is newly generated as a result of your use of the software and its services can in turn become the basis for using the available services. (4) The services available on the platform may also include third-party services to which the service provider merely provides access. For the use of such services - which are identified as third-party services - different or additional regulations may apply to these terms of use, to which the service provider will refer you in each case. (5) The service provider guarantees an availability of 96% on a monthly average for all services in his area of ​​responsibility. The regular maintenance windows of the platform, which are every Wednesday between 10:00 and 12:00, are not included in the calculation of availability. (6) Otherwise, there is a right to use the services available on the platform only within the framework of the technical and operational possibilities of the service provider. The service provider endeavors to ensure that his services can be used as uninterrupted as possible. However, technical faults (such as interruption of the power supply, hardware and software errors, technical problems in the data lines) can cause temporary restrictions or interruptions. § 8 Changes to Services The service provider is entitled at any time to change the services provided on the platform, in particular for the purpose of optimization, service expansion, efficiency, security or the provision of services. This can change the presentation of content or features of the respective application without significantly changing the content, use or data of the service. The service provider will take your legitimate interests into account. § 9 Protection of content, responsibility for third party content (1) The content, services or processes available on the platform are predominantly protected by patent law or other property rights and are owned by the service provider or other third party who made the respective content available. The compilation of the contents as such is possibly protected as a database or database work as defined. §§ 4 Abs. 2, 87a Abs. 1 UrhG. You may only use this content within the framework of these terms of use and the underlying software license agreement. (2) The content (including data) available on the platform comes partly from the service provider and partly from other third parties. Third-party content is hereinafter collectively referred to as “third-party content”. The service provider does not check the completeness, correctness and legality of third-party content and therefore assumes no responsibility or guarantee for the completeness, correctness, legality and currency of the third-party content. This also applies to the quality of the third-party content and its suitability for the purpose determined by the software. IV. Use of the Services by You § 10 Scope of permitted use, monitoring of usage activities (1) Your usage authorization is limited to access to the platform and the use of the available services within the framework of the provisions of these terms of use. (2) You are responsible for creating the technical prerequisites required in your area of ​​responsibility for the contractual use of the services. The service provider does not owe you any advice in this regard. The service provider cannot accept any liability for any compatibility problems that arise due to changed software versions, device or browser functions. The same applies to the online performance of the corresponding hardware. § 11 Generation of new data through your use (1) Insofar as you use the platform and the services offered on it, your inquiries, research or usage data may in turn generate new data records that are anonymously passed on to other users or to the service provider to confirm recommendations or statistics generated by the software . Your personal data will never be passed on without your consent. (2) By using the app, you are granting the service provider a free and transferable right to use the data and content resulting from your use in anonymous form, in particular to store the content on the service provider's server and publish it, in particular by passing it on to other users as part of the service for processing and reproduction, as far as this is necessary for the provision or publication of the respective content, and to grant - also against payment - rights of use to third parties to your content in accordance with § 14. § 12 right to use content available on the platform (1) Unless further use is expressly permitted in these terms of use or is enabled on the platform by a corresponding functionality (e.g. download button), you may only access and display the content available on the platform online for your own purposes. This right of use is limited to the duration of your contractual participation; You are prohibited from editing, changing, translating, showing or demonstrating, publishing, exhibiting, duplicating or distributing the content available on the platform in whole or in part, unless it serves the contractual benefit. It is also prohibited to remove or change copyright notices, logos and other labels or protective notices. (2) Your mandatory statutory rights (including reproduction for private and other personal use in accordance with Section 53 UrhG) remain unaffected. § 13 Blocking of access (1) The service provider can temporarily or permanently block your access to the platform if there are specific indications that you are violating these terms and conditions of participation and / or applicable law, or if the service provider has any other legitimate interest in blocking Has. When deciding on a block, the service provider will take your legitimate interests into account. (2) In the event of a temporary or permanent block, the service provider blocks your access authorization and notifies you of this by email. (3) In the event of a temporary blocking, the service provider reactivates the access authorization after the blocking period has expired and notifies you of this by e-mail. A permanently blocked access authorization cannot be restored. Permanently banned persons are permanently excluded from participating in the platform and are not allowed to register on the platform again. V. Processing of your personal data § 14 data protection (1) One of the quality requirements of the service provider is to deal responsibly with the personal data of users (these data are hereinafter referred to as "personal data"). The personal data resulting from your registration on the platform as well as from the use of the available services are therefore only collected, stored and processed by the service provider insofar as this is necessary for the contractual provision of services and permitted by legal regulations or is ordered by the legislator. The service provider will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass them on to third parties. (2) In addition, the service provider only uses your personal data if you have given your express consent. You can revoke your consent at any time. (3) All data that is collected, processed or used in the context of the use of the platform / software are located on servers located in Germany. (4) For further information on the subject of data protection, please refer to the data protection declaration on the platform. VI. Limitation of Liability § 15 Limitation of Liability When you use the software on our platform, the service provider is liable in accordance with the following regulations: (1) The service provider has unlimited liability in the event of willful intent or gross negligence, for injury to life, limb or health, according to the provisions of the Product Liability Act and to the extent of a guarantee given by the service provider. (2) In the event of a slightly negligent breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the user may regularly rely (so-called cardinal obligation), the liability of the service provider is limited to the amount of damage that occurs after is predictable and typical of the type of business in question. (3) The service provider does not have any further liability. (4) The above limitation of liability also applies to the personal liability of employees, representatives and organs of the service provider. (5) The service provider uses its own data sources and "open data public providers" (e.g. weather service) to provide the user with context-related, personalized information, statistics, recommendations or warnings. The service provider endeavors to compile this information with the greatest possible care. Basically, this information is only to be understood as a decision aid for the user, which requires a final evaluation by the user. We do not guarantee or assume any liability for the correctness, validity or reliable implementation or completeness of the information, statistics, recommendations and warnings available on the platform. VII. Other provisions § 16 Written form requirement Unless otherwise expressly stated in these Terms of Use and Participation, all declarations made in connection with the use of the app must be submitted in writing or by email. The service provider's email address is: info@vineyard-cloud.com . The postal address of the service provider is: Vineyard Cloud GmbH, Ruprechtstr. 37, 483 Edesheim. We reserve the right to change the contact details. In the event of such a change, the service provider will inform you accordingly. § 17 Severability Clause Should any provision of these conditions of participation and use be or become ineffective, this shall not affect the legal validity of the remaining provisions. § 18 Applicable Law These conditions of participation and use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (Convention of Contracts for the International Sales of Goods, CISG). § 19 place of jurisdiction The exclusive place of jurisdiction for all disputes arising from these conditions of participation and use is, insofar as such a place of jurisdiction agreement is permissible, the registered office of the service provider. Preamble The licensee plans to use the licensor's software products in his company for a limited period of time. The licensor therefore grants the licensee the use of his software products on the basis of this contract for a limited period of time through access to an online platform (http://www.vineyard-cloud.com ). § 1 definition “Software” is the computer program described in Appendix 1. § 2 subject matter of the contract (1) The subject of this contract is the provision of the software for the term of the contract together with the granting of the rights necessary for its use in accordance with the contract in accordance with Section 3. (2) The licensor grants the licensee access to the software via the internet platform https://my.vineyard-cloud.com/. After the conclusion of this contract, the licensee will be activated for the platform. (3) The owed quality of the software is finally derived from the description in Appendix 1. § 3 Granting of Rights (1) Upon full payment of the fee in accordance with Section 4 of this contract, the licensee receives the non-exclusive, non-transferable and non-sublicensable right to use the software to the extent granted in this contract, which is limited in time to the term of the contract. (2) The licensee is not entitled to transfer the granted access to third parties or otherwise grant third parties access to the platform in question, unless these persons have been authorized by the licensor. (3) If the licensee violates one of the above provisions, all rights of use granted under this contract become immediately ineffective and automatically revert to the licensor. In this case, the licensee must immediately and completely stop using the software. § 4 Fee, Due Date and Default (1) The remuneration for the granting of use amounts to the monthly license price shown in the order form plus sales tax. (2) Payment of the license fee must be made within 14 days of the invoice being issued. (3) If the licensee decides to collect the invoice using the Sepa direct debit procedure, the license fee for the respective month will be collected in advance on the 3rd working day of each month. (3) The default interest is nine percent (9%) above the current base rate. § 5 Protection of the software The licensee is obliged to take suitable measures to protect the software from access by unauthorized third parties. § 6 Term and Termination (1) The contractual relationship begins on the first day of the month following the order (date of the order form) and is concluded for a period of 24 months. It is automatically extended for a further 12 months unless terminated by one of the parties at the respective end of the term with a period of three months. (2) The contract can also be terminated in writing by either party without observing a notice period for an important reason. An important reason that entitles the licensor to terminate exists in particular if the licensee violates the licensor's rights of use by using the software beyond what is permitted under this contract and the violation does not occur within a reasonable period of time following a warning from the licensor turns off. (3) The termination must be in writing. (4) In the event of termination, the licensee must cease using the software. § 7 maintenance (1) The licensor warrants that the contractually agreed quality of the software will be maintained during the term of the contract and that no third party rights will conflict with the contractual use of the software. The licensor will remedy any material or legal defects in the software within a reasonable time. (2) The licensee is obliged to notify the licensor in writing of any defects in the software immediately after they have been discovered. In the case of material defects, this is done by describing the time at which the defects occurred and the more detailed circumstances. § 8 liability (1) The licensor has unlimited liability in the event of willful intent or gross negligence, for injury to life, limb or health, according to the provisions of the Product Liability Act and to the extent of a guarantee assumed by the licensor. (2) In the event of a slightly negligent breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and the compliance with which the licensee can regularly rely, the licensor's liability is limited to the amount of the damage which is predictable and typical of the type of business in question. (3) The licensor has no further liability. In particular, the licensor is not liable for initial defects unless the requirements of paragraphs 1 and 2 are met. (4) The above limitation of liability also applies to the personal liability of employees, representatives and organs of the licensor. § 9 data protection (1) The licensor will treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties. (2) In addition, the licensor only uses personal data if it has given express consent. Consent given by the licensee can be revoked at any time. § 10 Supplementary Provisions (1) In order to be able to use the contractual software, the licensee must first register for use on the associated portal under the URL http://www.vineyard-cloud.com/ and then log in for each use. (2) As part of the registration process, the licensee confirms further general conditions of use for the portal as well as additional data protection conditions. These provisions apply in addition to this contract. § 11 Miscellaneous (1) The licensee may only transfer rights and obligations from or in connection with this contract to third parties with the written consent of the licensor. (2) Offsetting is only permitted against undisputed or legally established claims of the licensor. (3) Changes and additions to the contract must be made in writing. This also applies to the amendment or cancellation of this clause. (4) General terms and conditions of the licensee do not apply. (5) Only German law shall apply to this contract, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention). (6) The exclusive place of jurisdiction is the seat of the service provider, provided that each party is a merchant or legal entity under public law. (7) The place of performance for the services of the licensor is the licensor's registered office. (8) Should individual provisions of this contract be ineffective, this does not fundamentally affect the validity of the remaining provisions. Software license agreement