Legal Notice: FLOQ Terms of Use

Preamble

(1) FLOQ is an application that enables anonymised metrics to be recorded for the purpose of determining the quality of radio network coverage and the performance of data transmissions in terms of both perceived and technically measured quality (QoE / QoS).

(2) FLOQ is operated by NET CHECK GmbH.

(3) The user in the sense of this agreement is a natural person or legal entity that uses the FLOQ smartphone app or website.

(4) Use of the app or website automatically establishes the agreement regarding terms of use. Acceptance of this agreement is a precondition for using FLOQ.

(5) The Operator explicitly reserves the right, without having to state a reason, to refuse natural persons or legal entities access and/or registration.

§ 1 Scope of application

(1) The terms of use apply for all current and future FLOQ content and services. They cover the usage relationship between the user and the Operator of FLOQ.

(2) Following acceptance of the terms of use, the FLOQ user is technically enabled to download test data from the internet to a receptor device, upload data from a device to the internet and determine the transmission time (Ping) between the device and a test server.

(3) The Operator can update or change the terms of use at any time. If the user refuses to accept such an update, his right of use expires immediately.

(4) Users’ own general terms and conditions as well as alterations in these FLOQ terms of use do not apply.

§ 2 Usage relationship

(1) The Operator reserves the right to deny access and use to users whose registration is either inaccurate or incomplete. This also applies for violations of the terms of agreement or where there are reasonable grounds for suspecting such a violation has taken place.

(2) The usage relationship commences with the acceptance of this agreement.

(3) The usage relationship can be terminated by the user at any time. In such a case the application must be deleted. User registration gives the user individual access to extended FLOQ services. This access applies only to the user and is not transferable.

(4) The right of the Operator and the user to cancel without notice for important reasons remains unaffected.

§ 3 Rights and obligations of user

(1) With the commencement of the usage relationship, the user acquires the right to access and use FLOQ and its enabled functions as agreed in the terms of use.

(2) The user agrees to the data provided by him being viewed in anonymised form by other users or further third parties.

(3) The user acquires no rights other than the use of FLOQ as intended and determined.

(4) The user is obliged to adhere to the legal requirements and not to use FLOQ’s offers and services for illegal purposes.

(5) The offers and services supplied by FLOQ may only be used for the purposes stated in paragraph 1 of the preamble.

(6) User actions that affect or damage FLOQ’s offers and services are forbidden. The user is liable for all damages resulting from a violation of the stated obligations or third-party rights. This includes both indirect damages and asset damages/losses. The user releases the Operator from all third-party claims resulting from such a violation, except in such cases where the user is not responsible for this violation.

§ 4 Responsibility for content, referrals and links

(1) Other websites reached through links from the FLOQ website are entirely the responsibility of the operators of those websites. The Operator of FLOQ is not the owner of the content of these websites and carries no responsibility whatsoever for the content of linked websites. An automatic momentary intermediate storage of external information is impossible with the selected call-up and linking method, so that any responsibility of the Operator is also excluded in this respect.

(2) When the links were created, there was no recognisably illegal content on the linked web pages. The Operator has no influence on current and future changes made on the linked web pages.

§ 5 Access and availability of FLOQ

(1) The internet access and communication equipment do not form a part of this agreement.

(2) The Operator is authorised to realign FLOQ in terms of technological status and legal necessities at any time.

§ 6 Impairment of performance

(1) Due to the structure of the internet, the Operator has no influence on data transmission in the internet and therefore does not take any responsibility for the availability, reliability and quality of third-party telecommunication networks, data networks and technical facilities. The Operator is not responsible in cases of force majeure.

(2) The Operator of FLOQ can wholly or partially block the use of FLOQ if it is technically overloaded or disrupted (or if there is a threat of disruption). In such cases, the Operator is committed to restoring complete functionality with minimum delay.

(3) Maintenance work on the system can limit or block the functioning of FLOQ for a short period.

§ 7 Data protection and security

(1) The personal data required for user registration and the use of FLOQ’s extended services are compiled, saved and processed in accordance with the statutory requirements of the Data Protection Act of the Federal Republic of Germany and the State of Berlin.

(2) When using the smartphone application, no personal data is recorded and saved other than data that is given voluntarily. The following technical data are transmitted to the Operator and saved:

1. Point in time
2. Positioning data
3. Download and Upload speed, Ping time
4. Choosen environment
5. Personal test rating
6. Programme version and ID
7. Device type and version (operating system and patch level)
8. Mobile network data: access technology (GSM, UMTS, LTE etc.), Cellld, LAC, MNC, MCC, coverage

(3) The following data are transferred and saved when using the comfort measurement:

1. Point in time
2. Positioning data
3. Programme version and ID
4. Device state (battery, connectivity)
5. Activity state
6. Device type and version (operating system and patch level)
7. Mobile network data: access technology (GSM, UMTS, LTE etc.), Cellld, LAC, MNC, MCC, coverage

(4) The data denoted in paragraph 1 is used exclusively for technical and statistical purposes. Matching with other data or non-anonymised forwarding to third parties will not take place.

(5) The Operator is permitted by the user to provide information about his/her saved and processed data in accordance with the stipulations of the federal and Berlin data protection act.

(6) The user agrees to the processing of his/her personal data in accordance with the stipulations of this agreement.

§ 8 Copyright protection and image credits

(1) The content of this website may not be changed or used in other electronic or printed publications without written permission from the relevant holder of rights. This also applies for the reproduction, permanent storage or the transmission of content contained on this website.

(2) If not otherwise stated, all FLOQ web pages are subject to the copyright. This applies especially for texts, images, logos, graphics, sound and video data including their layout design on the website.

(3) All brands and trademarks named in the internet presentation are subject without any limitations to the provisions of the relevant trademark law and the ownership and possession rights of the respective registered owners. Their simple appearance on the FLOQ website is in no way an indication that the trademark is not protected by third-party rights.

(4) A violation of these stipulations necessitates the immediate destruction of all printed and downloaded content. The enforcement of claims for damages remains reserved.

(5) Brands and business terms are used in the content provided, for which the relevant statutory provisions apply even if they are not marked as such.

§ 9 Exclusion of warranty and liability

(1) The FLOQ content is provided without any warranty. No liability is accepted for the content in respect of correctness, completeness or suitability for certain uses, or for its freedom from third-party rights and the non-infringement of intellectual property.

(2) The Operator of FLOQ can make unannounced changes to the content of the website at any time. The Operator makes every effort to keep the website up-to-date, but is not under obligation to update the website.

(3) The Operator provides no warranty for the availability and technical usability of the website or third-party submissions.

(4) The use of content supplied by FLOQ is exclusively at the user’s own risk. FLOQ and/or third parties registered with FLOQ or mentioned by FLOQ are not liable for any form of damage.

(5) Paragraph 4 does not apply if the damage is caused intentionally or if there are mandatory statutory regulations concerning the liability.

§ 10 Charges

As long as the Operator does not explicitly name any charges or costs, registration for FLOQ as well as the use of its offers and services is free of charge.

§ 11 Place of jurisdiction and applicable law

(1) The place of jurisdiction for any disputes arising in connection with this agreement is Berlin. Legally binding places of jurisdiction remain unaffected.

(2) The law of the Federal Republic of Germany applies with the exception of its conflicts of law provisions.