Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the decoNXT app and web dashboard, developed and operated by deconta GmbH ("us", "we", or "our"), which simplify the management of IoT services for decoNXT-certified deconta devices. By accessing or using the Service, you agree to be bound by these Terms.

If you do not accept these Terms in full, you are prohibited from accessing and using the decoNXT Service. Should you disagree with any part of these Terms, you must cease all use of the Service immediately.

Service Description

The Service includes the decoNXT mobile app, the decoNXT web dashboard, and related online services that integrate with individual pieces of hardware certified as decoNXT compatible, for example negative-pressure measuring units (aircontrol) and air-sampling units (airsampler). These devices connect to our cloud infrastructure over a per-device SIM connection to perform Internet of Things tasks.

The Service is designed to simplify how you set up, monitor, control, and maintain your devices, including device dashboards and live readings, configuration changes, error and status notifications, multi-user device sharing with permission levels, device groups for batch operations, GPS location on a map, measurement reports, and firmware updates. The Service is intended for professional and industrial use.

Acceptance of Terms

By using the Service, downloading the decoNXT app, or registering with us, you acknowledge and agree to these Terms without modification. These Terms apply to all users, including visitors and registered users.

We reserve the right to update or change these Terms at any time. Material changes will be communicated in advance where required, for example via the website or by email. Changes apply prospectively and will not affect disputes or events that occurred before the change. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

User Representations and Agreements

By using the decoNXT Service, you affirm and commit to the following:

• You will provide registration and account information that is truthful, accurate, and complete, and you will keep it up to date.
• You have the legal capacity to enter into binding agreements under the law of your jurisdiction, and you are not a minor where you reside.
• You will access the Service through its intended interfaces and not through automated or non-human means except as expressly permitted.
• You will use the Service only for lawful purposes and in compliance with all applicable laws, rules, and regulations.

If any information you provide is false, inaccurate, outdated, or incomplete, we may suspend or terminate your account and deny you current or future use of the Service, without liability.

Account Creation and Management

To use decoNXT, you must register and create an account, providing accurate, current, and complete information and keeping it up to date.

• Age requirement: You must be at least 16 years old to use decoNXT, or the legal age required for contracting in your jurisdiction, whichever is higher.
• Communications: You may opt to receive device notifications via email, SMS, voice call, and push notifications, based on the settings you choose. Essential service, security, and account communications may be sent as part of the Service.
• Shared devices: When you have access to a shared device, other users of that device can view your name and email within the device's user and notification management.
• Support access: If you request support, you agree that we may access your account, data, and connected devices as necessary to diagnose and resolve issues. This support access is logged.
• Session security: We record information about your active sessions so that you can review and revoke sessions and so that we can protect your account. See the Privacy Policy for details.

Account Security and Username Guidelines

You are responsible for keeping your credentials secure and for all activity under your account. We may modify, reclaim, or remove any username or display name we consider inappropriate, offensive, or objectionable at our reasonable discretion.

Credits and Billing

Credit-Based Notifications

• Email and push notifications are free of charge.
• SMS and voice-call notifications are paid for using credits.
• Credits cost EUR 0.20 each, plus applicable taxes and fees.
• An SMS notification costs 1 credit.
• A voice-call notification costs 1.5 credits.

Purchasing and Auto Top-Up

• Credits are purchased through our payment processor Stripe. Order totals may include a service fee and tax.
• You may enable automatic top-up, which charges your saved payment method to purchase a chosen amount of credits when your balance falls below a threshold you set.
• You may enable low-credit warning emails to a chosen address.

Credit Expiration and Validity

• Credits are valid for three years from the date of purchase.
• Unused credits expire after three years.
• Each new credit purchase refreshes the three-year validity period for all existing credits.

Account Deletion and Refunds

• If you delete your account, all unused credits are permanently forfeited and are non-refundable.
• Credits are non-refundable and cannot be exchanged for cash or other compensation, except where a refund is mandatory under applicable consumer-protection law.
• Credits are tied to your account and cannot be transferred, sold, or shared with other users.

Fraud, Abuse, and Service Changes

• We may revoke credits, suspend accounts, or take legal action in cases of fraud, abuse, or violations of these Terms.
• Chargebacks, unauthorized transactions, or exploitative use of credits may lead to immediate account termination.
• We may update credit pricing and usage policies at any time. Changes will be communicated in advance through our website or via email.

Acceptable Use of Devices

The Service helps you monitor and control safety-relevant equipment. You remain responsible for the safe operation of your devices and work site, for verifying device readings and alarms locally, and for complying with all applicable health, safety, and environmental regulations. The Service is a remote management aid and is not a substitute for required on-site safety procedures, certified measurement, or independent monitoring.

Prohibited Activities

You are prohibited from using the Service to:

• Interfere with or disrupt the performance, integrity, or security of the Service.
• Use the Service for any illegal or unauthorized purpose.
• Attempt to gain unauthorized access to our systems, devices, or other users' accounts or data.
• Copy, modify, distribute, sell, or lease any part of the Service or its software.
• Circumvent or undermine security protocols or access restrictions placed on any area of the Service.

Intellectual Property Rights

All content on the Service, including text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the compilation of these elements, is our property or is licensed to us and is governed by copyright and trademark laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service to manage your own devices. This license does not include any resale or commercial exploitation of the Service, its content, or its marks. All rights not expressly granted are reserved.

Contributions and Feedback

When you share ideas, comments, or other feedback with us, you accept that such feedback does not contain confidential information and may be used by us without restriction. You grant us a perpetual, worldwide, royalty-free license to use and exploit your feedback for any legitimate purpose.

Mobile Application License

Upon downloading the decoNXT mobile application, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the application on electronic devices that you own or control, strictly in accordance with these Terms. This license is supplemented by the End User License Agreement (EULA).

When you obtain the decoNXT app from the Apple App Store or Google Play, the app store terms also apply. We, not the app store, are responsible for providing maintenance and support for the application as required by applicable law or these Terms.

Changes and Interruptions to the Service

We may alter, suspend, or discontinue the Service, in part or in whole, with notice where reasonably practicable. Availability of the Service is not guaranteed. Technical issues, maintenance, connectivity outages, or other factors may result in disruptions, delays, or errors.

Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to conflict-of-law principles. If you are a consumer residing in the European Union, you also benefit from any mandatory provisions of the law of your country of residence. You and deconta GmbH submit to the non-exclusive jurisdiction of the courts located in North Rhine-Westphalia (NRW), Germany.

Dispute Resolution

We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so. You are welcome to contact us directly to resolve any complaint.

Information Accuracy

The Service may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, and availability. We reserve the right to correct any errors and to update information at any time without prior notice.

Termination of Use

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. You may stop using the Service and delete your account at any time. Provisions that by their nature should survive termination will survive.

Disclaimer

You expressly acknowledge that your use of decoNXT and all information, products, and content available through it is at your sole risk. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, decoNXT and its service providers disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for mandatory consumer rights.

Limitations of Liability

To the fullest extent permitted by applicable law, decoNXT, its affiliates, officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, resulting from your access to, use of, or inability to use the Service.

Indemnification

You agree to defend, indemnify, and hold harmless deconta GmbH, its parent company, officers, directors, employees, agents, licensors, and suppliers from and against any claims, demands, liabilities, and settlements arising out of or related to your violation of these Terms or any activity related to your account, to the extent permitted by applicable law.

User Data

We maintain certain data that you transmit to the Service in order to manage its performance, and we perform routine backups. You remain responsible for the data and configurations you transmit. To the extent permitted by law, we are not liable for any loss or corruption of such data. Our handling of personal data is described in our Privacy Policy.

Electronic Communications, Transactions, and Signatures

Using the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

Miscellaneous

These Terms, together with our Privacy Policy, EULA, and any operating rules we post, constitute the entire agreement between you and us regarding the Service. Our failure to enforce any right or provision is not a waiver of that right or provision. If any provision is found unlawful, void, or unenforceable, it is severable and does not affect the remaining provisions.

Contact Us

For questions about these Terms or to resolve a complaint regarding the Service, please contact us at:

deconta GmbH

Im Geer 20

46419 Isselburg, Deutschland

Phone: +49 (0) 28 74 91 56 0

Email: info@deconta.com