2. Content of the APP / subject matter of the contract
The APP displays water levels (water level or flow rate) of water bodies. In addition, it is possible to set up a notification function that informs the user when a water level set by the user is reached. For stations in an area defined by the user, it is also possible to receive a notification when a suggested limit level is reached. SOBOS is not obliged to provide current water levels at all times.
The prices quoted at the time of ordering shall apply. The prices are stated in euros and include the statutory value added tax in Austria (gross sales prices).
The entire content of the APP is protected by copyright. All rights are held by SOBOS. Any use of information or data (e.g. water levels, data, texts, images, etc.) requires the prior consent of SOBOS. With the download of the APP as well as under the condition of payment (if a paid variant has been chosen), the user receives a simple licence to use the APP.
5. Explicit reference to alternative data verification
The user is explicitly informed that the APP can only be one of several tools to evaluate, check or receive notifications on the data / water levels displayed in the APP. In order to prevent violations of the user's legal rights, e.g. due to flooding, the user must therefore not rely exclusively on the APP and the information provided through it, but is obliged to ensure that he/she also checks water levels himself/herself - by obtaining information from the authorities or on site - or has them checked by third parties, or otherwise protects himself/herself against flood events either actually (e.g. by barriers, sandbags, moving valuable goods to safe locations, etc.) or economically (e.g. insurance).
6. Right of withdrawal/right of revocation
The user may withdraw from a contract within 14 days without giving reasons. The period for withdrawal begins, especially since the subject matter of the contract is the delivery of digital content not stored on a physical data carrier, on the day of the conclusion of the contract and thus the day of the download of the APP. In order to exercise the right of withdrawal/right of revocation, the user must inform SOBOS GmbH, FN 457672y, Regau 14, 4550 Kremsmünster, Austria, of his or her decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or e-mail to firstname.lastname@example.org). For this purpose, he/she may also use the sample withdrawal form attached below, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If the user cancels the contract, SOBOS has to refund all payments it has received from the user immediately and at the latest within fourteen days from the day on which the notification of the cancellation of this contract has been received by the user. For this repayment, SOBOS will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the customer.
7. Cancellation / Contract duration
The contract is concluded for an indefinite period and may be terminated by either contracting party with four weeks' notice to the end of the year.
8. Data origin / liability
SOBOS obtains the contained data (especially water levels and weather) from third party providers (public institutions, companies, associations, private persons). The data provided are measured by the third-party providers. The list of data providers is available at www.earlyfloodalert.com. These are unaudited raw data and cannot be audited by economically justifiable means. Errors (individual errors or system failure) cannot be completely ruled out. SOBOS therefore provides no guarantee for the accuracy of the information provided. Furthermore, SOBOS does not guarantee and is not liable for the conformity of the data (the displayed water level) with reality. SOBOS therefore disclaims any liability for direct, concrete or consequential damages, or any other damages of any kind whatsoever, which have arisen for whatever reason in connection with the indirect or direct use of the information provided in the APP. Furthermore, SOBOS accepts no liability for the content, products or services of the websites linked to via hyperlinks. For damages resulting from the use or non-use of the websites of other providers, only the provider of the site to which the link refers is liable. We ask for your understanding that SOBOS provides all information available in the APP without any guarantee. This applies in particular to the exclusion of guarantees that software and information can be executed under any software or hardware configuration, that they are up-to-date, secure or error-free, that they meet their requirements or are permanently available. When using the information, all users must comply with all legal regulations as amended from time to time, in particular the Data Protection Act and the Telecommunications Act, and indemnify and hold SOBOS harmless in this respect.
9. Place of performance
The place of performance for the services offered is 1010 Vienna, whereby SOBOS is not obliged to provide up-to-date water levels at all times.
10. Applicable law / place of jurisdiction
Austrian law shall apply exclusively, to the exclusion of its conflict-of-law rules. For any disputes arising from the use of the APP, the competent court for Vienna Innere Stadt shall have exclusive local jurisdiction (unless this conflicts with mandatory law).
11. Rules in the event that individual provisions are invalid
12. Information on innovations / offers / advertising
By downloading the APP, the user agrees that SOBOS may take over all disclosed personal data into the customer database and that SOBOS may inform the user about innovations and/or other offers. This consent can be revoked at any time.
If you wish to revoke the contract, please fill out the sample revocation form and send it to SOBOS.
Sample cancellation form
SOBOS GmbH, FN 457672y
I hereby revoke the contract concluded by me concerning the use of the application PegelAlarm/FloodAlert.
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