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Terms of use myWWM

Last updated: 07.04.2025

 

PREAMBLE

By agreeing to the Terms of Use, the Terms of Use become part of the contract between you (hereinafter: CUSTOMER) and WWM.  

WWM offers free and paid software subscriptions to companies. In addition to these subscriptions, rental contracts can be concluded for Wifi sensors, which can be used to collect data at trade fairs and events. The services offered by WWM can only be utilised by the CUSTOMER with agreement to these Terms of Use. The terms of use apply to all services offered by WWM. 

 

1 General

1.1 Scope of application/applicability 

(1) These Terms of Use shall apply to the contracts concluded between WWM and the CUSTOMER, unless otherwise expressly agreed in writing between the parties. These Terms of Use, together with the Order, the WWM Website Privacy Policy, the WWM Download and App Access Privacy Policy (General), the WWM Services and App Privacy Policy for WWM CUSTOMERS, the Order Processing Agreement, and the ‘myWWM Products & Services Overview’ (all available at www.wwm.de/en/legal), constitute the entire contract between the contracting parties for the software subscriptions, hardware rental and consulting services of WWM. WWM objects to and rejects any additional or different terms and conditions submitted by the CUSTOMER, including those incorporated by the CUSTOMER into the order, acceptance or website.  

(2) In the event of a conflict between the Terms of Use and the specific order, the terms of the order shall prevail, but only with respect to the order in question. 

(3) CUSTOMERS may not use the WWM services if the utilisation or use of the WWM services is prohibited by law in accordance with the laws of the country in which the CUSTOMER is based or from which the CUSTOMER accesses or uses the WWM services.

(4) WWM may update and amend these Terms of Use in whole or in part. If WWM updates or amends these Terms of Use, the updated Terms of Use will be published for CUSTOMERS on www.wwm.de/en/legal and WWM will notify the CUSTOMER of this by email or with an in-app notification.  

If a change is not objected to within six weeks of receipt of the notification, the changes shall be deemed to have been recognised. The CUSTOMER shall be informed separately of the right of objection and the legal consequences of silence in the event of an amendment to the Terms of Use. If the CUSTOMER notifies WWM accordingly in writing or via the online system, the CUSTOMER's subscription shall continue to be subject for the remaining term to the Terms of Use that were in force before the relevant amendment to the Terms of Use for CUSTOMERS.  

 

1.2 Access of the CUSTOMER to the WWM services 

(1) The services of WWM are only available to companies and legal entities under public law.  

(2) The CUSTOMER must provide the data necessary for the conclusion and execution of the respective contract with WWM, in particular its company data, invoice data and a contact person. Upon conclusion of the respective contract between WWM and the CUSTOMER for the respective agreed period, the CUSTOMER shall have access to the respective selected services in accordance with these Terms of Use. 

(3) The CUSTOMER shall generate a ‘user ID’ and a password for access to the use of WWM services, which are required for further use. The CUSTOMER is obliged to keep the ‘user ID’ and password secret and not to make them accessible to third parties. 

(4) Via the CUSTOMER login, the CUSTOMER has the option of granting employees in his company their own access authorisations and configuring them according to his needs. The CUSTOMER guarantees that the information provided by him and his employees is true and complete. It undertakes to notify WWM immediately in writing or via the online system of any future changes to the information provided.

(5) WWM is authorised to block a CUSTOMER's access to myWWM if there is sufficient suspicion that he has violated these terms of use. The CUSTOMER can avert these measures if they dispel the suspicion by submitting suitable evidence at their own expense.  

(6) All logins are individualised and may only be used by the respective authorised CUSTOMER. The CUSTOMER is obliged to keep the login and password secret and to protect them from unauthorised access by third parties. The CUSTOMER is also responsible for maintaining the confidentiality of employee logins and shall instruct its employees accordingly. In the event of suspicion of misuse by a third party, the CUSTOMER shall inform WWM of this immediately. In particular, the departure of an employee who has a login must be reported immediately. WWM reserves the right to change a CUSTOMER's login and password; in such a case WWM shall inform the CUSTOMER of this immediately. 

(7) Actions using the respective login of a CUSTOMER are always attributable to the CUSTOMER. CUSTOMERS shall be liable to a foreseeable extent for declarations made by third parties under the CUSTOMER's login in accordance with the principles of a contract with protective effect in favour of third parties if CUSTOMERS are at fault for the use of their login by third parties. 

 

1.3 Authorised use of WWM services 

(1) The services of WWM are to be used by the customer only in a lawful, reasonable manner (e.g. no uploading of files containing viruses; no abusive or fraudulent use; no use against good faith) and in accordance with the terms of use. CUSTOMERS shall comply with all applicable laws, including relevant export laws, when using WWM services. 

(2) In some industries there are above average complaints of abuse, which may directly prevent WWM from properly providing the WWM Services to other customers. In order to protect CUSTOMERS, WWM reserves the right to suspend the use of WWM services if the CUSTOMER is active in one of these industries. These restricted industries include, but are not limited to: 

Escort and dating services 

Gambling services or products

(3) WWM must be notified of suspected violations of the Terms of Use. It is WWM's policy to investigate and respond appropriately to all such reports. 

 

1.4 Rights and obligations of WWM

(1) WWM complies with all national and European laws in the provision of services and the processing of customer data. Customer data refers to all data which the CUSTOMER transmits or records via the respective subscription. 

(2) WWM reserves the right to disclose any information at any time if it is compelled to do so by law, regulation, requirements of legal proceedings or regulatory requirements. Accordingly, the CUSTOMER acknowledges that WWM may disclose information relating to the use of any WWM Services as necessary to comply with our legal or regulatory obligations, a governmental request, a court order, a subpoena with a penalty or other legal process. In the event of such disclosure WWM shall notify the CUSTOMER unless WWM is obliged to maintain confidentiality about the disclosure. 

(3) WWM may remove Prohibited Materials and deny access to any person in breach of this Agreement, but WWM shall not be obliged to do so. 

 

2 SOFTWARE SUBSCRIPTIONS

2.1 Software solutions

WWM offers the CUSTOMER two different software solutions in subscriptions in different versions depending on the subscription: (1) Event Resource Management and (2) Event-Metrics. The software solutions can be used independently of each other by the CUSTOMER of WWM. It is also optionally possible to use both solutions in combination. Sensors (hardware) can also be rented in addition to the event metrics software. Unless otherwise agreed in an order, the software solutions fall under the following subscriptions: 

(1) Event Resource Management: Event Resource Management Standard, Event Resource Management Professional, Event Resource Management Enterprise. 

(2) Event-Metrics: Event-Metrics Standard, Event-Metrics Professional. 

 

2.2 Subscription categories

WWM offers subscriptions in two main categories: (1) Free subscriptions and (2) Paid subscriptions. Different conditions apply to the different subscription categories. These are described in this section. Unless otherwise agreed in an order, the products fall under the different subscription categories as follows: 

(1) Free Subscriptions: Event Metrics Free and Event Resource Management Free, as well as any other products for which you do not pay us a subscription fee.

(2) Paid subscriptions: Event-Metrics Standard, Event-Metrics Professional, Event-Resource-Management Standard, Event-Resource-Management Professional, Event-Resource-Management Enterprise as well as paid upgrades for these products. 

 

2.3 Provision of software as part of the subscriptions 

(1) WWM shall provide the CUSTOMER with the respective software in the current version via the Internet for the duration of the subscription selected by the CUSTOMER. WWM shall provide SaaS services for the CUSTOMER as part of the subscriptions. For this purpose WWM shall set up the software on a server which is accessible to the CUSTOMER via the Internet. 

(2) The current range of functions of the software is set out in the ‘Overview of myWWM products and services’ (available at www.wwm.de/en/legal). 

(3) WWM is continuously developing the software and will improve it through ongoing updates and upgrades. 

(4) The CUSTOMER is authorised to make the software available to its end customers for the term and to the extent specified in the service description of the respective subscription. The CUSTOMER shall use the software in its own name and for its own account for end customers. WWM has no contractual relationship with the CUSTOMER's end customers. 

 

2.4 Software utilisation rights

(1) WWM shall grant the CUSTOMER the non-exclusive and non-transferable right to use the software specified in this agreement as intended for the duration of the contract within the framework of the SaaS services. 

(2) The CUSTOMER may only process the software insofar as this is covered by the intended use of the software according to the current service description. 

(3) The CUSTOMER may only reproduce the software insofar as this is covered by the intended use of the software according to the current service description. Necessary duplication also includes loading the software into the working memory on the provider's server, but not even temporary installation or storage of the software on data carriers (such as hard drives or similar) of the hardware used by the CUSTOMER. 

(4) Where WWM provides the CUSTOMER with Enrichment Data, the CUSTOMER may only use such Enrichment Data in connection with the use of the Subscription Service (unless the CUSTOMER has a source other than the Subscription Service for such Enrichment Data). Enrichment Data means the data provided by WWM to the CUSTOMER as part of the relevant Subscription Service, as well as Crowdsourced Data. Enrichment data does not include any data that allows conclusions to be drawn about individuals. Depending on the subscription, WWM uses this enrichment data to provide the CUSTOMER with practical solutions in the context of event management, among other things. WWM may receive enrichment data from public sources or from external providers as well as from internally available data sources. Enrichment data may be provided to the CLIENT based on customer data. Except as described in the ‘Privacy and Data Processing’ section, WWM does not use CUSTOMER Data to enrich the data of other parties. The enrichment data provided by WWM may come from external service providers or public sources. 

 

2.5 Impairment of accessibility

(1) Adjustments, changes and additions to the contractual SaaS services as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons. 

(2) Monitoring of the basic functions of the SaaS services shall take place daily. WWM shall inform the customer of the maintenance work immediately and carry it out in the shortest possible time in accordance with the technical conditions. If it is not possible to rectify the error within 12 hours, WWM shall inform the CUSTOMER of this by email within 24 hours, stating the reasons and the period of time that is likely to be required to rectify the error. 

 

2.6 Subscription restrictions and changes by WWM 

(1) The restrictions that apply to the CUSTOMER as part of the software subscriptions are specified in the order form, in this agreement or in the ‘Overview of products and services myWWM’ (available at www.wwm.de/en/legal). In the case of free subscriptions, these restrictions may also simply be stated in the product itself.  

(2) WWM may make changes to the restrictions for the software subscriptions in the ‘Overview of myWWM products and services’ (available at www.wwm.de/en/legal). WWM undertakes to notify the CUSTOMER of this in good time. Should WWM make changes to the restrictions for software subscriptions in the ‘Overview of products and services myWWM’ which would have a negative impact on the CUSTOMER, these changes shall not apply to the current subscription.

An automatic subscription renewal with the changes made can then take place if the changes have no negative effects for the CUSTOMER.  

If a change has a negative impact on the CUSTOMER, the subscription shall only be extended if the CUSTOMER expressly agrees to these changes. If the CUSTOMER does not agree to the negative change to the subscription, automatic renewal is excluded. 

(3) WWM may change the restrictions on the use of the free services at any time at its sole discretion without informing the CUSTOMER. This does not apply if the agreed free service is provided in connection with rented hardware and is necessary for the use of the hardware. For the period of the chargeable rental, the agreed free software required to use the hardware must also be provided. 

 

2.7 Subscription changes by the CUSTOMER

(1) CUSTOMERS may not downgrade Standard, Professional and Enterprise subscriptions during the agreed term in order to avoid fees. 

(2) The subscription fee remains unchanged during the subscription term unless CUSTOMER (i) upgrades products or basic packages, (ii) subscribes to additional features or products, or (iii) otherwise agreed in the order. 

(3) Following an upgrade of the subscription by the CUSTOMER, the subscription fee will not be reduced, even if it is subsequently determined by the CUSTOMER that the upgrade is not necessary. 

 

2.8 Software changes

(1) From time to time WWM may make changes to the Software, for example by adding or deleting features or functions. This is done to improve the CLIENT's experience as a user and to improve the Software. For this reason WWM will only make changes which are reasonable for the CUSTOMER.  

(2) In the case of paid subscriptions, WWM will not make any software changes which significantly reduce the functionality during the subscription period. Changes shall only be made which are reasonable for the CUSTOMER against the background of WWM's legitimate interest. 

(3) In the case of free subscriptions, WWM may make software changes which may significantly reduce the functionality provided by WWM during the subscription period. This shall not apply if the agreed free service is provided in conjunction with rented hardware and is necessary for the use of the hardware. For the period of the chargeable rental, the agreed free software required to use the hardware must also be provided. 

 

2.9 Term and extension of software subscription 

(1) The term of the initial software subscription is specified in the CUSTOMER's order. Unless otherwise stated in the order or communicated in a notification, your software subscription will be automatically extended by the respective subscription term. 

(2) In principle, the prices stated in the respective order shall apply to renewals. 

(3) WWM reserves the right to adjust the price for the respective subscription at the time of automatic renewal. The adjustment may only be made due to changing market conditions, significant changes in procurement or provision costs or changes in VAT or comparable taxes. In addition, WWM reserves the right to adjust the price accordingly in the event of significant changes in the consumer price index of the Federal Statistical Office. An increase of 0.5 percentage points or more compared to the same period in the previous year shall be deemed a significant change. Such price adjustments must be announced by WWM to the CUSTOMER in writing or via the online system at least thirty (30) days before application.   

 

2.10 Notification of non-renewal  

(1) The subscription shall be automatically renewed in accordance with the above section ‘Term and renewal of software subscription’ as long as neither party notifies the other that it does not wish to renew. 

(2) Unless otherwise stated in the order, if either party does not wish to renew a paid subscription, they must give written notice of non-renewal at least ten (10) days prior to the end of the subscription term. 

(3) In order to prevent an extension of the term of a free subscription, both the CUSTOMER and WWM may close the CUSTOMER account. No notification of this is required. This does not apply if the agreed free service is provided in connection with rented hardware and is necessary for the use of the hardware. For the period of the chargeable rental, the agreed free software required to use the hardware must also be provided. 

 

2.11 Warranty

(1) WWM guarantees the functionality and operational readiness of the SaaS services within the scope of the subscriptions in accordance with the provisions of this contract. WWM shall eliminate all software errors in accordance with the technical possibilities. An error is deemed to exist if the software does not fulfill the functions specified in the service description, delivers faulty results or does not function properly in any other way, so that the use of the software is impossible or restricted. 

(2) If the CUSTOMER discovers that the subscription service has defects, the CUSTOMER must inform WWM of this in writing. WWM shall rectify material defects within a reasonable period of time. If this is not possible, WWM shall reimburse the CUSTOMER for the proportionate amount of fees actually paid for defects that have not been remedied.  

(3) The CUSTOMER shall have no claims for defects within the meaning of this section if (i) it has breached this contract when using the subscription service and has therefore caused the defect, (ii) it is a defect within the scope of WWM's free services which has not been fraudulently concealed by WWM. 

(4) WWM guarantees the operation and availability of the SaaS service of 99.5%. The operation and availability are calculated on a monthly basis. WWM accepts no liability for availability beyond this. WWM is entitled to carry out updates, changes to the software and maintenance work. During these periods the usability of the platform may be restricted or impossible. Announced maintenance time, updates and changes to the software are not included in the calculation of the aforementioned availability rate.

 

2.12 Fees for software subscriptions 

(1) The CUSTOMER undertakes to pay WWM the agreed fee plus statutory VAT for the provision of the software and the granting of storage space. Unless otherwise agreed, the remuneration shall be based on the “myWWM Products & Services Overview” valid at the time of conclusion of the contract (available at www.wwm.de/en/legal).  

(2) Objections to the invoicing of the services provided by WWM must be raised by the customer in writing to the office stated on the invoice within a period of six weeks after receipt of the invoice. After expiry of the aforementioned period the invoice shall be deemed to have been approved by the CUSTOMER. WWM shall specifically draw the CUSTOMER's attention to the significance of its conduct when sending the invoice. 

 

2.13 Cancellation of software subscription 

(1) The subscription term ends on the expiry date, provided there is no automatic renewal. There is no ordinary right of cancellation. Premature cancellation of the paid subscription is not possible. WWM shall not provide a refund if the CUSTOMER decides during the subscription period not to continue using the WWM subscription. 

(2) WWM may suspend, limit or terminate free subscriptions at any time, for any reason and without notice. WWM may also cancel the free subscription due to inactivity. This does not apply if the agreed free service is provided in connection with rented hardware and is necessary for the use of the hardware. For the period of the chargeable rental, the agreed free software required to use the hardware must also be provided. 

 

2.13.1 Termination for important reason

Each contracting party shall retain the right to terminate the contract without notice for important reasons. In particular, the contracting parties shall be entitled to terminate the contract without notice if payments due have not been made despite reminders and the setting of a grace period or if the contract for the respective software subscription, which also includes this licence agreement, has been breached in a material way that is unreasonable for the other party. Termination without notice requires in any case that the other party is warned in writing and requested to remedy the alleged reason for termination without notice within a reasonable period of time.

 

2.13.2 Effect of cancellation or expiry 

(1) If a paid subscription is terminated or expires, the CUSTOMER may request cancellation of their WWM account by sending a request to info@wwm.de. The CUSTOMER is bound by this contract for as long as they have access to their WWM account. 

(2) Upon cancellation or expiry of this contract, the CUSTOMER shall cease all use of the subscription service and WWM content. At WWM's request, the CUSTOMER shall confirm in writing that it has ceased all use of WWM enrichment data. 

(3) If the CUSTOMER cancels this contract for good cause, WWM shall immediately refund all fees already paid but not yet used up which cover the use of the subscription service for the period after its cancellation. If WWM terminates this Agreement for cause, the CUSTOMER shall immediately pay all unpaid fees due up to the end of the subscription period. Fees are otherwise non-refundable. 

 

2.13.3 Retrieval of customer data after termination of subscription 

(1) For WWM's fee-based subscriptions, WWM shall store the customer data for at least thirty (30) days after termination or expiry of the subscription. 

Provided that the CUSTOMER has paid all fees owed and sends a written request to WWM within thirty (30) days of termination or expiry of the paid subscription, WWM shall grant the CUSTOMER temporary access to the Subscription Service so that the CUSTOMER can retrieve all Customer Data then under the control or in the possession of WWM, or WWM shall provide copies of such Customer Data. If WWM grants the CUSTOMER temporary access to the account, WWM may charge a reasonable reactivation fee. WWM may deny access to Customer Data until the CUSTOMER has paid all fees owed to WWM. After thirty (30) days following termination or expiry of the Subscription, WWM shall have no further obligation to retain or provide Customer Data and may, unless prohibited by applicable law, delete any Customer Data in its systems or otherwise under its control.

(2) In the case of free subscriptions, WWM shall no longer grant the Customer access to Customer Data after cancellation or expiry of the subscription. 

 

3 RENTAL CONTRACTS FOR HARDWARE (sensors) 

3.1 Rental contract categories 

WWM offers the CUSTOMER WIFI sensors for rent for the automated collection of data at trade fairs and events. The CUSTOMER can install these at the place of use (trade fair or event). Depending on the equipment of the sensors, they communicate with the WWM platform via a mobile phone or network connection and generate automated measurement data there.  

We offer our sensor hire in two categories: (1) event hire and (2) period hire. Different conditions apply to the different rental categories. These are described in this section. Unless otherwise agreed in an order, the products fall under the different categories as follows: 

(1) Event hire: Sensors can be rented for a single event. A valid Event-Metrics Standard or Event-Metrics Professional software subscription is required to order a sensor for one-off hire.  

(2) Period hire: Sensors can be rented for a period of time. In this case, the customer can manage the sensors themselves and assign events. A valid Event-Metrics Standard or Event-Metrics Professional software subscription is required to order a sensor for period hire.

 

3.2 Provision of the sensors 

(1) WWM shall provide the CUSTOMER with the desired quantity and configuration of sensors on order.  

(2) WWM shall deliver the desired quantity of sensors to the CUSTOMER after the CUSTOMER has placed the corresponding order in writing or via the online order form. However, the delivery and provision of services shall always be subject to availability. WWM shall not be liable for the non-availability of sensors and the resulting delays, loss of profit and damage incurred by the CUSTOMER. 

(3) Delivery of the rented items shall be at the risk of WWM to the specified place of delivery. The CUSTOMER shall bear the costs of delivery of the rented item (shipping costs). 

(4) The hardware shall be provided in English including a brief operating manual for instructions on installation and connection. Instruction and training are not owed by WWM.

 

3.3 Commissioning of the sensors 

(1) With regard to the provision of the sensors, the CUSTOMER confirms with the commissioning of the sensors that they have been handed over in accordance with the contract and without defects. The CUSTOMER must therefore check the delivered sensors for functionality immediately after delivery. 

(2) The CUSTOMER must ensure that the hardware has access to the Internet. If there is no internet connection at the installation site, e.g. due to insufficient network coverage, the data in the sensor is recorded in encrypted form instead of being transmitted directly to the WWM platform via the internet. Due to the lack of an internet connection, the usual automatic monitoring of the devices is no longer necessary. At the end of the recording period (e.g. end of a trade fair or event), the collected data can be transmitted to the WWM platform. To do this, the sensor in question, on which the data is stored offline, must be connected to a local network (network with automatic IP assignment (DHCP)) with Internet access using a network cable, or be supplied with power at a location with network coverage.  

(3) The distribution (installation, assembly, etc.) of the individual sensors, if necessary also to end customers of the CUSTOMER and their parameterisation in the WWM platform shall be carried out by the CUSTOMER itself. WWM is therefore not responsible for the effective interaction in the evaluation of the data generated by these sensors. 

 

3.4 Updating the hardware & firmware 

(1) WWM reserves the right to request the return of individual or all sensors and their accessories for update purposes or as part of system changes with a notice period of 2 weeks and to replace them with other devices with the same or improved functionality. However, the CUSTOMER shall not be entitled to such an update.  

(2) WWM further reserves the right to update the sensors by remote software update as required. Unless there is imminent danger when updating the sensors, e.g. due to security risks, WWM shall announce the updates 5 days in advance and carry them out outside business hours. If the sensors are not connected via mobile radio, the parties shall agree separately on the implementation of necessary updates. If an update is not possible within 5 days and the CUSTOMER is responsible for this and this results in malfunctions, WWM shall not be liable. 

(3) The CUSTOMER must allow WWM or third parties commissioned by WWM to maintain the hardware on its premises or oblige its customers in such a way that WWM can also fulfil these maintenance services at the location where the hardware is used.  

 

3.5 Use of sensors

(1) The CUSTOMER shall use the sensors at trade fairs and events in its own name and for its own account. The sensors may also be used by registered end customers of the CUSTOMER. The sensors may only be used by the CUSTOMER and its end customers for the purpose of measuring visitors at trade fairs and events as specified in this contract. 

(2) It is the responsibility of the CUSTOMER or its end customer to inform visitors to the area in which the sensors are used about the use of the sensors in an appropriate manner. Visitors to the relevant area must have the opportunity to avoid detection by the sensors by being given instructions on how to deactivate the WLAN function of their mobile end device. 

(3) The CUSTOMER must observe the installation and operating conditions of the sensors as set out in the operating instructions and documentation. The CUSTOMER shall ensure that the sensors are installed correctly and shall instruct its end customers accordingly. The sensors must be handled with care, installed only in dry and protected locations and protected against theft, damage or misuse by third parties. 

(4) The CUSTOMER shall provide WWM with information about the locations and end customers in the event of official enquiries. WWM must provide evidence of the official enquiry.  

(5) The CUSTOMER shall not make any changes to the hardware, either externally or technically, without the prior consent of WWM. Opening the sensor box leads to irreparable damage to the sensor. The CUSTOMER shall oblige its end customers accordingly.  

(6) If the CUSTOMER integrates further analysis service providers, WWM must be informed of this and the data protection regulations must be complied with. 

(7) The CUSTOMER shall use the sensors exclusively for the described purpose and in the geographical area of use of the sensor. The CUSTOMER shall be liable for damage caused by improper use of the sensor or use of the sensor outside the geographical area of use.

 

3.6 Data & storage 

The sensors installed at the customer's or end customer's premises transmit the collected data to the myWWM platform via a secure internet connection (https). WWM stores the collected data in a virtual multi-client capable system logically created for the CUSTOMER (myWWM platform).  

 

3.7. Term and extension of the hardware rental 

(1) The term of the initial hardware rental is specified in the CUSTOMER's order. In the event that it is a period rental and unless otherwise stated in the order or communicated otherwise in a notification, the hardware rental shall be automatically extended by the respective initial rental period.   

(2) The prices stated in the respective order shall apply to extensions. 

(3) WWM reserves the right to adjust the price for the respective rental at the time of automatic renewal. The adjustment may only be made due to changing market conditions, significant changes in procurement or provision costs or changes in VAT or comparable taxes. In addition, WWM reserves the right to adjust the price accordingly in the event of significant changes in the consumer price index of the Federal Statistical Office. An increase of 0.5 percentage points or more compared to the same period in the previous year shall be deemed a significant change. Such price adjustments must be announced by WWM to the CUSTOMER in writing or via the online system at least thirty (30) days before application.

 

3.8 Notification of non-renewal 

(1) The period rental shall be automatically extended in accordance with the above section ‘Term and extension of the hardware rental’ as long as neither of the contracting parties notifies that the extension is not desired.

(2) Unless otherwise stated in the order, if the respective contracting party does not wish to extend the hardware rental, WWM or the CUSTOMER must notify the non-extension in writing at least ten (10) days before the end of the rental period.

 

3.9 Warranty

(1) WWM shall maintain the rented items in a condition suitable for the contractually agreed use for the entire duration of the rental period. For this purpose WWM shall carry out the necessary maintenance and repair measures itself or have them carried out by third parties commissioned by it. As soon as faults occur which are recognisable to the CUSTOMER or system restrictions or failures become foreseeable, the CUSTOMER shall inform WWM of this immediately. 

(2) WWM shall, at its own discretion, repair defective sensors free of charge or replace them with a defect-free device (replacement delivery), provided the defect is not the fault of the CUSTOMER or its end customer.

(3) If WWM does not remedy the limitation of usability even after a second reasonable deadline has been set, the CUSTOMER shall be entitled at its discretion to remedy the defect or to terminate the rental contract in respect of the defective rental item. The CUSTOMER shall only be entitled to terminate the entire rental agreement if a significant number of the rented items are not available for the contractually agreed use. 

(4) The data generated by the sensors and their analysability are only guaranteed to be of average type and quality. Statistical deviations and inaccuracies in data accuracy resulting from anonymisation and aggregation must always be taken into account. WWM shall not be liable for economic decisions based on the data and projected.  

(5) The CUSTOMER shall not be entitled to a reduction in price for the failure of individual sensors, even if this is the responsibility of WWM and in the latter case the replacement procurement or repair was carried out immediately, even if the database achieves greater imprecision for a short time as a result. The same shall apply to lost/incorrect or incomplete data resulting from poor internal reception of the sensors for which WWM is not responsible or resulting from a malfunction of individual hardware components. 

(6) WWM shall not be liable for effects due to external factors over which WWM has no influence and which may influence the results of the measurement procedure. External factors are in particular changes to the operating systems of the mobile end devices of the target group to be measured (e.g. trade fair visitors).

 

3.10 Special liability of the CUSTOMER for the rental hardware 

(1) The CUSTOMER's end customers shall be obliged to handle the sensors with care in accordance with the provisions of this contract. WWM expressly reserves the right to reimburse repair or replacement costs for loss or damage for which WWM is not responsible.

(2) If the CUSTOMER is responsible for a significant defect or the loss of a sensor, WWM shall charge the CUSTOMER €500.00 per significantly defective or lost sensor plus statutory VAT. 

 

3.11 Rental fees 

(1) The rental fee is based on the order and the respective "Overview of Products & Services myWWM" (available at www.wwm.de/legal) of WWM. 

(2) The rental fee shall remain unchanged during the rental period unless (i) the CUSTOMER rents product supplements or (ii) a different agreement was made in the order. 

 

3.12 Cancellation of the hardware rental 

(1) The parties have no ordinary right of cancellation for the duration of this contract. 

(2) If the contract is terminated for good cause for which the CUSTOMER is responsible, WWM shall be entitled to the full remuneration for the services provided up to that point and for the services to be provided up to the regular end of the term. 

(3) If the contract is terminated for good cause for which neither the CUSTOMER nor WWM is responsible, WWM shall be entitled to the remuneration for the services provided up to the termination plus the expenses incurred as a result of this contractual relationship.  

 

3.13 Return

(1) At the end of the rental period the CUSTOMER shall return to WWM the rented items including the manuals as well as the connection cables and other accessories provided in accordance with the provision documentation. 

(2) The lessee shall be obliged to return the equipment to WWM's place of business. WWM's place of business is located at Hans-Georg-Weiss Straße 18, 52156 Monschau, Germany. 

 

4 Consultancy services and other services of WWM

(1) The CUSTOMER can purchase consultancy services by placing an order with WWM. The fees for these consultancy services, which, unless individually agreed, can be found in the ‘Overview of products and services myWWM’ (available at www.wwm.de/en/legal), are in addition to the other fees. All consulting services are provided remotely, unless WWM agrees otherwise with the CUSTOMER. Consultancy Services are non-cancellable and fees for Consultancy Services are generally non-refundable. 

(2) Other services (training, etc.) can be agreed individually with WWM, unless they are listed in the ‘Overview of myWWM Products & Services’ (available at www.wwm.de/en/legal). 

 

5 Liability

5.1 Liability of WWM

(1) Claims for damages against WWM are excluded, irrespective of the legal grounds, unless WWM, its legal representatives or vicarious agents have acted wilfully or with gross negligence. WWM shall only be liable for slight negligence if one of the essential contractual obligations has been breached by WWM, its legal representatives or executive employees or vicarious agents. WWM shall only be liable for foreseeable damage, the occurrence of which must typically be expected. Essential contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfilment of which the customer may rely.  

(2) WWM is entitled to immediately block the services and the storage space if there is reasonable suspicion that the stored data is unlawful and/or infringes the rights of third parties. Reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform WWM of this. WWM must inform the CUSTOMER immediately of the block and the reason for it. The block must be lifted as soon as the suspicion is invalidated. 

(3) WWM shall not be liable for the loss of data insofar as the damage is due to the CUSTOMER's failure to carry out data backups and thereby ensure that lost data can be restored with reasonable effort. 

(4) WWM shall be liable without limitation for damage caused intentionally or negligently by injury to life, limb or health by WWM, its legal representatives or vicarious agents. 

(5) Liability under the Product Liability Act remains unaffected. 

(6) Insofar as the liability of WWM is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. 

(7) WWM excludes any liability in relation to third party products used by the CUSTOMER, insofar as this use has not been agreed with WWM.  

(8) WWM shall only be liable for intent and gross negligence for the free services. 

 

5.2 Liability of the CUSTOMER 

(1) In the event that WWM's services are used by unauthorised third parties using WWM's access data, the CUSTOMER shall be liable for any fees and damages incurred as a result within the scope of civil law liability until receipt of the customer order to change the access data or the report of loss or theft, provided that the customer is at fault for the access of the unauthorised third party. 

(2) The CUSTOMER shall indemnify WWM against all claims asserted by third parties against WWM due to the infringement of their rights or due to legal violations based on the offers and/or content posted by the user, insofar as the CUSTOMER is responsible for these. In this respect the CUSTOMER shall also assume the costs of WWM's legal defence including all court and legal costs.

 

5.3 Force majeure

Neither party shall be responsible for any delay in performance or non-performance due to acts of war, hostilities or acts of sabotage, force majeure, power, internet or telecommunication failures not caused by the obligated party, governmental requirements or other events reasonably beyond the control of the obligated party. Each contracting party shall take all reasonable steps to mitigate the effects of events attributable to force majeure. 

 

6 Confidentiality, copyright and trade mark law 

(1) The CUSTOMER undertakes to maintain absolute confidentiality vis-à-vis third parties regarding all business transactions of which it becomes aware in the course of the co-operation, in particular regarding business and trade secrets. The confidentiality obligation shall also apply to any discounts and individual pricing and shall continue to apply after termination of the contract. 

(2) All business documents exchanged must be stored carefully in the customer's own business premises and protected from access by unauthorised persons. 

(3) All rights not expressly granted in these Terms of Use are reserved by WWM or its licensors, suppliers, publishers, rights holders or other content providers. The service, functions and information from the contractual relationship may not be reproduced, copied, sold, resold or otherwise used for commercial purposes outside the agreed use without written authorisation. 

(4) Trademarks, logos or other proprietary information of WWM may not be framed or included using framing techniques without the express written consent of WWM. It is prohibited to use meta tags, robots, data miners or similar data collection and extraction programmes without express written permission. 

(5) In addition to the possibility that the CUSTOMER may market its services to its customers under its own product name and brand, it is free to name WWM as a technology partner. WWM therefore grants the CUSTOMER the non-exclusive right to use the brand name and the technology partner logo of WWM, which is limited in time to the term of this contract, limited geographically to the marketing area previously notified in writing by the CUSTOMER and accepted by WWM, and cannot be sub-licensed. However, the customer must always make it clear in all end customer communication and documentation that the data processing takes place exclusively in the customer's area of risk and responsibility. WWM may revoke this authorisation in text form at any time.  

(6) The CUSTOMER grants WWM the right, limited in time to the term of this contract, to name the customer as a reference on the website www.wwm.de. The CUSTOMER grants WWM the right to add the CUSTOMER's name and company logo to WWM's customer list and website. 

 

7 Data protection and data processing 

7.1 Privacy Policy

The WWM Website Privacy Policy, the WWM Download and App Access Privacy Policy (General) and the WWM Services and App Privacy Policy for WWM CUSTOMERS (available at www.wwm.de/en/legal) apply to WWM services. 

 

7.2 Data protection software products 

To the extent that WWM processes personal data on behalf of the CUSTOMER in the course of providing the contractual services, which is part of the end customer data (i.e. the CUSTOMER's customers) subject to the General Data Protection Regulation (‘GDPR’), the terms of WWM's Data Processing Agreement (‘DPA’), which is hereby incorporated by reference into this document (available at www.wwm.de/en/legal), shall apply.  

You acknowledge that in all cases WWM acts as the processor of the End Customer Data and that you are the controller of the End Customer Data.  

 

7.3 Data protection sensors 

(1) The collection, processing and utilisation of the data provided by the sensors is the responsibility of the CUSTOMER. WWM is in this sense, insofar as personal data is processed, merely a processor. An agreement on commissioned data processing is part of this contract as an annex (available at www.wwm.de/en/legal). 

(2) WWM shall not transmit any personal data of visitors to trade fairs or events to the CUSTOMER. The visitor data collected will be anonymised and aggregated in WWM's systems on behalf of the CUSTOMER in such a way that it is no longer possible to trace individual persons. The CUSTOMER and its end customers are also expressly prohibited from relating the data provided by WWM through their own analyses, including by means of other or their own location or tracking tools, in such a way that it would (again) be possible to identify individual visitors.  

 

7.4 Aggregating Data

WWM may monitor the use of the Subscription Service by all of WWM's CUSTOMERS and use the information collected from CUSTOMERS and their end customers in aggregated and anonymised form. The CUSTOMER agrees that WWM may use and publish such data, provided that this data does not contain any customer data and/or information that allows conclusions to be drawn about the CUSTOMER. However, WWM may use customer data as part of internal data processing in order to further develop and improve WWM's enrichment data. No customer data is disclosed in the course of this internal data processing, not even to other CUSTOMERS or third parties. This means that data is only passed on to other CUSTOMERS or third parties in aggregated form and anonymously.  

 

7.5 Security measures

We take commercially reasonable administrative, physical and technical security measures to protect customer data. 

 

7.6 Contractual relationships between the CUSTOMER and its end customer 

(1) The CUSTOMER shall market the analysis of the data provided by WWM in its own name and for its own account. The sensors supplied shall be provided by WWM to the CUSTOMER in accordance with the provisions of this contract and subject to the obligations set out herein.  

(2) The involvement of other data processors on the basis of the data provided by WWM, as well as the resale of WWM's services to third parties (including agencies), who in turn market these services, requires the prior agreement and subsequent written consent of WWM. 

 

8 Other provisions

8.1 Customer support

(1) Within the scope of chargeable services, the CUSTOMER shall not be charged any additional costs for the use of WWM telephone, e-mail and in-app support. WWM accepts support enquiries by email and in-app function around the clock every day. The CUSTOMER can send support enquiries by email and in-app function in their account. However, responses to enquiries by email and in-app function will only be sent during telephone support hours. WWM will endeavour to respond to email and in-app support requests within one working day. WWM gives no assurance or guarantee of a specific response time.  

WWM may restrict or deny access to support if WWM reasonably believes that the CUSTOMER is acting or has acted in a manner that amounts to an abuse of support or is offensive to WWM representatives.  

It may not be possible for WWM support staff to assist with issues based on the use of the API or other customisation of the subscription service.  

(2) As part of free subscriptions, WWM provides support via the WWM website.  

 

8.2 Assignment

The CUSTOMER may not assign or transfer this Agreement, including but not limited to any assignment or transfer resulting from a merger, reorganisation or sale of all or substantially all of its assets, change of control or by operation of law, subject to prior written consent, which shall not be unreasonably withheld. WWM may assign this Agreement to any affiliate or in the event of a merger, reorganisation, sale of all or substantially all of its assets, change of control or by operation of law. 

 

8.3 Notifications  

Notifications shall be sent to the contact addresses specified in this contract and shall be deemed to have been delivered on the date of actual receipt. 

  • To WWM:WWM GmbH & Co. KG, Hans-Georg-Weiss Straße 18, 52156 Monschau, Germany. 
  • To CUSTOMER: The address corresponding to the account information for the CUSTOMER's WWM subscription. 

WWM may send electronic notices in the form of a general notification via the Subscription Service; however, WWM may also send electronic notices specifically to the CUSTOMER by email to the email address(es) on file in the Account Information or via the Notification Centre in the Subscription Service. WWM may also send notices by telephone using the telephone numbers provided in the CUSTOMER's account information. The CUSTOMER must keep all account information up to date. 

 

8.4 Payments

The customer must keep their contact details, billing details and credit card details (if applicable) up to date. Changes can be made on the billing page in their WWM account. All payment obligations are non-cancellable and amounts paid are generally non-refundable unless otherwise specified in this Agreement. All fees are due and payable in advance for the entire subscription term.  

 

8.4.1 Payments by credit card 

If the CUSTOMER pays by credit card, the CUSTOMER authorises WWM to charge the credit card or bank account for all fees incurred during the subscription period. The CUSTOMER also authorises WWM to instruct a third party to process payments and consents to the disclosure of payment details to the third party concerned. 

 

8.4.2 Payment against invoice 

If the CUSTOMER pays by invoice, WWM will invoice the CUSTOMER for services rendered no more than thirty (30) days prior to the commencement of the Subscription Term and each subsequent billing period, or at such other time in the Subscription Term as charges become due. All invoiced amounts are due and payable within thirty (30) days of the invoice date, unless otherwise specified in the Order Form. 

 

8.4.3 VAT 

All fees are quoted exclusive of tax, which WWM may charge. The CUSTOMER agrees to pay all taxes incurred in connection with the use of the Subscription Service, the Hardware Rental and the provision of the Consultancy Services.  

 

8.4.4 Delay

The CUSTOMER shall be in default without further reminder if payments are not credited to WWM's account by the agreed dates. The statutory consequences of default shall apply. 

 

8.4.5 Right of retention and set-off 

With regard to all payment claims, the CUSTOMER's right of retention or set-off is excluded unless his counterclaims are undisputed or have been recognised by declaratory judgement.

 

9. Final provisions

(1) Failure to insist on the fulfilment of any of the provisions set out in this contract shall not constitute a waiver of WWM's rights; WWM reserves the right to assert its rights at any other time. 

(2) Amendments, supplements and cancellations of this contract must be made in writing. Any cancellation of this contract or amendment to this written form clause must also be made in writing. No ancillary agreements have been made. 

(3) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. 

(4) The place of fulfilment is the registered office of WWM, unless another place of fulfilment is specified in these terms of use. 

(5) The parties agree that Aachen (Germany) shall be the place of jurisdiction. 

(6) Should a provision of the contract be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by a provision that comes as close as possible to what the parties intended, taking into account economic aspects. The same shall apply in the event that any amendments to the agreement become necessary. § Section 139 BGB shall not apply.