MyBiogents App – General Terms of Use of Biogents AG, An der Irler Höhe 3a 93055 Regensburg (hereinafter “Provider”)
- General Provisions
1.1 The Provider makes an app available to its customers for use in accordance with these General Terms of Use (GTC).
1.2 These GTC apply to the use of the app “MyBiogents” as well as to any variants or further developments of the app, in particular the app “MyBiogents PRO”, unless expressly agreed otherwise. They apply to the use of the app both by consumers within the meaning of § 13 BGB and by entrepreneurs within the meaning of § 14 BGB.
1.3 Any GTC deviating from these GTC used by the customer shall not be recognized by the Provider – subject to express consent.
1.4 If the app is distributed via an app store, the GTC of the respective app store shall additionally apply to the acquisition of the app. - Subject Matter of the Contract
2.1 The Provider makes an app available to the customer. It serves in particular for the management and control of compatible devices, the provision of device information and instructions, the execution of technical updates (e.g. firmware updates), the display of notices and communications including optional push notifications as well as the provision of further app-related functions. The app may contain links to websites or offers of third parties. The respective providers are solely responsible for their content as well as for contracts concluded via them. The Provider has no influence on this content and does not adopt it as its own.
2.2 The Provider reserves the right to change, expand or discontinue functions of the app at any time, provided that the essential core functions of the app are not unreasonably impaired as a result.
2.3 The Provider continuously develops the app further and provides it within the scope of technical and operational possibilities. A specific availability is not owed.
2.4 The app serves exclusively to support the management and control of compatible devices. It does not replace the proper and safe handling of the connected hardware. The user remains solely responsible for using and monitoring connected devices, in particular CO₂ systems, CO₂ cylinders, hoses and other components, in accordance with the respective safety regulations and manufacturer’s instructions.
2.5 Insofar as firmware updates for compatible devices are provided via the app, their execution may involve technical risks, in particular connection interruptions, update errors or temporary malfunctions of devices.
The Provider does not warrant that updates can be carried out error-free at all times or that they will be provided at specific intervals. Statutory obligations to provide necessary updates remain unaffected. - Rights of Use of the App
3.1 The Provider grants the customer a simple, non-exclusive, non-transferable and non-sublicensable right to install the app on compatible end devices and to use it for their own purposes within the scope of these GTC.
3.2 The customer is in particular not entitled
• to reproduce, distribute or make the app publicly available, unless this is legally permitted,
• to edit, modify or create derivative works of the app,
• to decompile, disassemble or otherwise attempt to determine the source code of the app, unless this is mandatorily permitted by law.
3.3 All rights to the app, in particular copyrights, trademark rights and other intellectual property rights, remain with the Provider or the respective rights holders. - Conclusion of Contract, Costs, Termination
4.1 Use of the app is possible without registration. Upon downloading or using the app, a free-of-charge user agreement is concluded between the Provider and the user. The contract may be terminated by either party at any time without observing a notice period. The Provider reserves the right to offer individual functions of the app in the future only after registration.
4.2 Furthermore, the Provider reserves the right to offer the app or certain functions of the app in the future only against payment. If this is the case, the Provider shall inform the customer of the change at least one month before the planned change in the cost structure and grant the customer a right to object to the change. If the customer objects, the Provider shall have a right of extraordinary termination at the time the change takes effect. - Obligations of the Customer and Measures in Case of Violations
5.1 The customer is obliged to use the app only within the scope of its intended functions and in compliance with applicable legal provisions as well as these GTC. Misuse or unlawful use, in particular use in violation of third-party rights or to impair the functionality of the app, is prohibited.
5.2 In particular, the customer is not entitled to make the app or individual functions of the app available to third parties for independent use, whether for a fee or free of charge, unless this is expressly permitted.
5.3 If registration is provided for individual functions in the future, the customer is obliged to provide truthful information during registration and to keep such data up to date, as well as to treat their access data confidentially and protect it against access by third parties. The customer is responsible for all activities carried out via their user account, insofar as they are responsible for the misuse.
5.4 In the event of serious or repeated violations of these GTC or applicable law, the Provider is entitled to temporarily block the use of the app or to terminate the user agreement extraordinarily for good cause. - Data Protection
The Provider processes personal data of users within the scope of providing the app under its own responsibility under data protection law. Details of data processing result from the privacy policy. - Support
Application or software problems are handled by the Provider within the scope of support. Support services are to be requested via the communication channels provided for this purpose or via any ticket system that may be available, for the purpose of the fastest possible processing. Support requests are generally processed during regular business hours in chronological order according to the sequence of their receipt by the Provider. - Warranty for Defects
Insofar as the app is provided free of charge, it is provided without any commitment to a specific availability, functionality or freedom from defects and within the scope of technical and operational possibilities. Warranty rights exist only to the extent mandatorily required by law. - Liability and Indemnification
9.1 Insofar as the app is provided free of charge, the Provider shall only be liable for intent and gross negligence. Liability for damages arising from injury to life, body or health as well as under the Product Liability Act and in other cases mandatorily required by law shall remain unaffected.
9.2 If the app is acquired for a fee or paid upgrades within the app are purchased (in-app purchases), the following liability provision shall apply: The Provider shall be liable without limitation on any legal grounds in cases of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or due to mandatory liability such as under the Product Liability Act. If the Provider negligently breaches an essential contractual obligation, liability shall be limited to the typical, foreseeable damage, unless liability is unlimited in accordance with the preceding sentence. Essential contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely. Otherwise, liability of the Provider is excluded.
9.3 The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
9.4 The customer shall indemnify the Provider against any claims of third parties – including the costs of legal defense in their statutory amount – asserted against the Provider due to unlawful or contractual violations by the customer. - Final Provisions
10.1 Contracts concluded between the Provider and the customers shall be governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has their habitual residence, shall remain unaffected.
10.2 If the customer is a merchant or does not have a general place of jurisdiction in Germany, the parties agree that the registered office of the Provider shall be the place of jurisdiction for all disputes arising from the present contractual relationship. Sentence 1 shall not apply if an exclusive place of jurisdiction is established for the dispute.
10.3 The Provider is entitled to amend these GTC for objectively justified reasons, provided that essential contractual content is not affected and the changes are reasonable for the user. Existing customers shall be informed at least two weeks before the changes take effect. If the user objects to the changes within this period, the Provider may terminate the contract at the time the changes take effect.
10.4 These General Terms of Use may be provided in different language versions. In the event of contradictions or doubts of interpretation between the language versions, the German version shall prevail. - Consumer Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the heading of these GTC and in our legal notice.
Status: April 2026