条款和适用条件

最近更新时间:2023年4月1日


These Terms of Use apply in the version valid at the time of conclusion of the contract regarding the use of the Assembly Messenger App (hereinafter "App") and services and functions offered in connection by AnyDesk Software GmbH, Türlenstr. 2, 70191 Stuttgart (hereinafter "AnyDesk") by you as end user (hereinafter "User").

The App addresses at both consumers and entrepreneurs. For the purposes of these Terms of Use, consumers are as defined in Section 13 of the German Civil Code (BGB), i.e. all natural persons who conclude the contract for a purpose that cannot be attributed to their commercial or self-employed professional activity, and entrepreneurs as defined in Section 14 (1) of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, are acting in the exercise of their commercial or self-employed professional activity.

Deviating, conflicting or supplementary general terms and conditions of the User shall not become part of the contract, even if AnyDesk is aware of them, unless their validity is expressly agreed.

By downloading the App from the website www.anydesk.de or from the App Store, the User agrees to the following terms of licence and use. The contract of use comes into effect at the latest when the User agrees to the Terms of Use in the context of using the App or a required registration.

If the App is downloaded from an App Store, the following applies: Neither the App Store Provider nor any affiliate of the App Store Provider shall become a party to the User Agreement. However, the App Store Provider is entitled to enforce its obligations under these Terms of Use against the User.

1. Subject of the app and availability

1.1 The Assembly Messenger App is an application for sending messages to users of the App.

1.2 This is a beta version of the App that is provided free of charge. During use of the beta version of the app, AnyDesk automatically collects crash and user data ("Test Data"). The App also allows the User to leave written or visual feedback (e.g. screenshots or comments) on the App's features and ease of use. AnyDesk will use the Test Data and the User’s feedback on the beta version of the App as described below: AnyDesk may use the Test Data and feedback on the beta version of the App to improve the App and related products. The Test Data and feedback on beta version may include personal data, including screenshots provided by the User, such as when a screenshot includes photo or image or likeness of the User, and data about the User’s device, including, among other things, various unique device identifiers, hardware and operating system data, performance statistics and data about the use of the device, system and application software, network information and peripherals. When the User uses the beta version of the app, this data is also used.

1.3 AnyDesk reserves the right to supplement the functions offered via the App or to limit the use of the App for a limited period of time. The User do not have a claim to the retention of certain services or parts thereof.

1.4 To use the functions provided via the App, the User must register in accordance with section 2. Registration to use the App is free of charge.

1.5 There is no entitlement to uninterrupted use of the free version of the App. It is not guaranteed that access to or use of the App will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions, which may also lead to data loss. AnyDesk endeavours to ensure that the usability of the services is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical faults (such as interruption of the power supply, hardware and software errors, technical problems in the data lines).

2. Registration

2.1 User must register to use the app. Registration is free of charge. To register the User must be at least 16 years old.

2.2 During the registration process, the User has to define his access data and create a user account. The access data consists of the e-mail address and a freely chosen password. In addition, all information required on the electronic registration form, such as company, address data, contact data and a contact person authorised to represent the registering company, must be provided completely and correctly during registration. When registering, the User may not impersonate another person or company or use a name or company that the User is not authorised to use.

2.3 If this data changes in the course of the user relationship, the User is obliged to correct the said data immediately. If costs are incurred as a result of the incorrect information (for example, in the case of incorrect bookings due to incorrect account details), the User are obliged to reimburse AnyDesk for these costs.

2.4 By sending the registration data, the User submits an offer to AnyDesk to conclude a user relationship on basis of these Terms of Use. AnyDesk decides whether to accept the offer at its own discretion. If the registration is not confirmed by e-mail to the specified e-mail address within a reasonable period of time, the User is no longer bound to his offer. Upon receipt of the e-mail confirmation, an agreed usage relationship shall come into effect exclusively under the terms and conditions regulated herein and AnyDesk shall activate the requested access. From the moment of activation, the User is entitled to use the App within the scope of these Terms of Use.

2.5 The access data including the password must be kept secret by the User and must not be made accessible to unauthorised third parties under any circumstances.

2.6 It is your responsibility to ensure that the App is used exclusively by the User via the user account created. If it is feared that unauthorised third parties have gained or will gain knowledge of the access data, AnyDesk must be informed immediately via the contact options specified in the App.

2.7 The registration, the user relationship and the user account including access data are not transferable.

3. Functions of the App

3.1 The use of certain functionalities of the App requires an existing internet connection of the end device or that this is established by the use of these functionalities.

3.2 With the App the User have the possibility to send messages to other users of the App and to communicate with other users of the app. It is possible to exchange documents. The User finds information about which specific functions are available in the App and its service description.

3.3 Push notifications of the App are sent to the end device via the push services of the operating system manufacturers to inform the user that new messages (chat messages) have been received in the background of the App. For this purpose, the User or the end device the User is using may be assigned a user ID or device ID. Using these IDs, the App can send the push notifications to the end device. The User has the option of activating or deactivating the push notifications during registration and at any later time via the App settings. If the User decide to activate it, the respective end device contacts the service of the operating system operator so that the App does not always have to be connected and run.

4. Rights of Use to the App

4.1 By downloading the App, AnyDesk grants the User the royalty-free, non-exclusive, non-transferable right to use the App on a device in the User’s possession on which the software of the App is executable according to the system requirements, which the User can view before downloading.

4.2 The App is under constant development and new features and services may be offered beyond the free basic version. Additional functions and services within the App may be or become subject to a charge. In this case, AnyDesk will inform the User of the prices and service features in advance.

4.3 The User may not copy, distribute or otherwise make the App available to any third party (including renting, leasing, lending or sublicensing) or use it in any other manner reserved to the respective copyright owner(s). The User is not entitled to modify, reverse engineer, decompile, disassemble or otherwise determine the source code of the App or parts thereof or to create derivative works thereof. However, the provisions of Sections 69d, 69e UrhG shall remain unaffected.

4.4 The above terms and conditions also apply to all updates/upgrades and programme supplements for the App that are made available to the User for download via the website www.anydesk.de or the respective App Store by Any Desk, insofar as these are not the subject of a separate licence agreement. In this case, only the terms of the licence agreement applicable to the respective update/upgrade or programme supplement shall apply.

4.5 The App may contain individual components or modules (hereinafter "third-party software") that are licensed by third parties under an open source licence. More detailed information and the applicable licence conditions for this third-party software are contained in the documentation. The use of this third-party software is subject to the terms and conditions stated therein.

4.6 AnyDesk as the licensor reserves all rights to the App.

5. Scope of Use, Obligations to Cooperate

5.1 The User’s authorisation to use the App is limited to accessing the messenger functions and using the services available in each case within the framework of the provisions of these Terms of Use. The User may only use the App as intended and within the scope of what is legally permitted. The minimum age for using the App is 16 years. If a violation is suspected, AnyDesk may request proof of age.

5.2 When using the App, the User must exercise the due diligence necessary to use it and conduct a reasonable review of the results generated by the App before using them.

5.3 The User is prohibited from any activities in connection with the App that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the User is prohibited from the following actions:

  • the posting, distribution, offering and advertising of racist, discriminatory, pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
  • the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorised to do so.

5.4 Furthermore, the User is prohibited from the following activities when posting or distributing own content via the app, as well as when communicating with other users (e.g. by sending personal messages, participating in group chats), regardless of any possible violation of the law:

  • the spread of viruses, Trojans and other harmful files;
  • the sending of junk or spam messages and chain messages;
  • the dissemination of offensive, sexually explicit, obscene or defamatory content or communication, or content or communication which is likely to promote or support racism, bigotry, hatred, physical violence or unlawful acts (in each case explicitly or implicitly);
  • harassing other users, e.g. by contacting them personally several times without or against the reaction of the other user, as well as encouraging or supporting such harassment;
  • soliciting other users to disclose passwords or personal data for commercial or unlawful purposes;

5.5 Also prohibited is any action that is likely to impair the smooth operation of the App, in particular placing an excessive load on AnyDesk's IT systems.

5.6 If the User becomes aware of any illegal, abusive, non-contractual or other unauthorised use of the App, the User can contact abuse@anydesk.com and report this unauthorised use. AnyDesk will then examine the matter and take appropriate steps if necessary.

5.7 Any further technical requirements for using the App are listed in the description of the App on the website www.anydesk.de or in the respective app store, in particular supported operating systems/versions and devices.

6. Warranty and liability for free software

AnyDesk shall be liable for defects of quality and title, irrespective of the legal grounds, only insofar as AnyDesk has fraudulently concealed the respective defect of quality or title. Furthermore, AnyDesk, its legal representatives and vicarious agents shall only be liable for compensation for any damage incurred due to the provision of the software free of charge in the event of intentional or grossly negligent misconduct or in the event of culpably caused damage resulting from injury to life, body or health. Claims under the Product Liability Act shall remain unaffected.

7. Support

7.1 In the event of malfunctions in the use of the App, the User can contact AnyDesk as follows:

support@anydesk.com

7.2 In case of contact, the User data is used for the specific support purpose. In the event of support, the User may be asked for identification data.

8. Transfer and assignment

8.1 Insofar as the User temporarily transfers his end device on which the App is installed to a third party free of charge, the User shall remain responsible for compliance with the provisions of this agreement. Any other transfer of the rights of use requires express consent of AnyDesk. Transferability may also be excluded by technical blocks of AnyDesk, through which the App software is distributed.

8.2 The use of the app by third parties may also affect data protection and privacy settings and lead to deviating behaviour. It is the responsibility of the User to comply with and enforce the desired settings with third parties.

8.3 Should the User permanently leave the device on which the App is installed to a third party, then

8.3.1 the User should use the function "Factory Status/Reset" in the settings menu. This will delete all user and system data from the App, or

8.3.2 the User should delete the App from the device before passing it on.

9. Breach of these terms of use

The User undertakes to AnyDesk to use the App only for purposes that do not violate these Terms of Use or applicable German law or infringe the rights of third parties. If the User allows another person to use the App on his device, it is the Users’s duty of care to point out the Terms of Use and to monitor compliance with them appropriately.

10. Temporary blocking, termination of use

10.1 The access to the App may be temporarily or permanently blocked by Any Desk in its sole discretion, either in whole or in part, if there are concrete indications that the User is violating or have violated these Terms of Use and/or applicable law. If AnyDesk detects a breach of the obligations of the Terms of Use, AnyDesk will first inform the User immediately by e-mail and set a reasonable deadline to remedy the breach.

10.2 In the event of temporary or permanent blocking, the access authorisation is blocked. In the case of a temporary blocking, the access authorisation will be reactivated after the blocking period has expired or the reason for the blocking has finally ceased to exist. A permanently blocked access authorisation cannot be reactivated. The User will be informed of the blocking or reactivation of access authorisation by e-mail.

10.3 The User may terminate the usage relationship with a notice period of fourteen (14) calendar days by email to license@anydesk.com to the end of the month. AnyDesk also reserves the right to terminate the usage of the App with a notice period of fourteen (14) calendar days. In the event of termination, the access authorisation will be blocked and all data created in the context of the use of the app will be irretrievably deleted after 30 days at the latest. For personal data, the regulations on data protection apply with priority, which may also provide for a shorter period for deletion.

10.4 The right to extraordinary termination remains unaffected. AnyDesk shall be entitled to extraordinary termination in particular if the User repeatedly violates these Terms of Use and, despite a reminder from AnyDesk, fail to remedy this violation or violates the Terms of Use again.

11. Changing the App

11.1 AnyDesk is entitled at any time to change the App provided free of charge, to make new functionalities of the App available free of charge or against payment and to discontinue the provision of the App free of charge. AnyDesk shall take the User’s legitimate interests into account in each case. In the event of a change in the provision of the App free of charge to provision against payment or the change of functionalities against payment, the change procedure in § 12 shall apply accordingly.

11.2 In each notification of change, the User will be informed separately of the consequences of the change and his right of objection and/or termination.

11.3 AnyDesk will inform the User about updates to the App via the website www.anydesk.de or the respective app store and make them available for download there. These are updates that do not objectively put the User in a worse position than the service agreed when the contract was concluded and that do not clearly deviate from it, e.g. security updates and new, improved functionalities and updates for bug fixes. The User is free to download and install the respective update. If the Use does not install the updates provided, AnyDesk shall not be liable for any deviations from the contractual condition of the App that are attributable to the absence of the relevant update, provided AnyDesk has informed the User of the consequences of failure to install or improper installation and this is not attributable to defective installation instructions provided by AnyDesk. The User agrees that, depending on the settings of his operating system, updates will also be installed automatically. If necessary, the User has to adjust these settings accordingly and obtain information from his provider. AnyDesk has no influence on this. If the updates require additional authorisations, the User will be informed of this before the installation. If the User does not agree to these additional authorisations, no update will be carried out and it is possible that the operation of the App may be impaired or have to be stopped completely. This provision shall apply accordingly if changes to the App become necessary due to changes in the specifications of third parties from whom AnyDesk obtains preliminary services or due to significant technical innovations on the market.

12. Amendment of the terms of use

12.1 If AnyDesk intends to amend and/or supplement these Terms of Use or individual provisions thereof with effect also within the existing contractual relationships, AnyDesk will expressly notify the User of the new version at least 30 calendar days before the planned entry into force of the amendments and make the amended text of the Terms of Use available to the User.

12.2 The User has the right to object to such changes. If the User do not object within 30 days of receipt of the notification, the changes shall be deemed to have been agreed as effective from the expiry of the deadline. In the event of objection, the user relationship shall end with the expiry of the next possible termination date. The User will be informed of his right of objection and the consequences in the notification of change.

13. Data protection

13.1 The personal data resulting from the registration and login within the App as well as from the use of the App will only be collected, stored and processed by AnyDesk insofar as this is necessary for the contractual provision of services or is permitted by other statutory provisions. AnyDesk will treat the personal data confidentially and in accordance with the provisions of the applicable data protection law and will only disclose it to third parties, in particular to partners involved in the provision of services, to the extent permitted by law.

13.2 The User’s usage activities are recorded to the extent permitted by law (Art. 6 para. 1 p. 1 lit. f DSGVO) or on the basis of consent given (Art. 6 para. 1 p. 1 lit. a DSGVO).

13.3 Beyond this, the User’s personal data will only be used if the User has expressly consented to this. The User can revoke consent at any time.

13.4 If AnyDesk processes personal data of the User within the scope of commissioned processing pursuant to Art. 28 DSGVO, AnyDesk shall conclude a commissioned processing agreement ("DPA") with the User at the User's request at or shortly after the conclusion of the user contract. AnyDesk shall provide the User with AnyDesk's DPA in electronic form for conclusion. The DPA shall take precedence over these Terms of Use in the event of any ambiguities in connection with the processing of personal data on behalf of AnyDesk.

13.5 The privacy policy gives comprehensive information on the use of personal data.

14. Final provisions

14.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

14.2 Insofar as the User is not a consumer or do not have a regular place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from or in connection with this agreement shall be AnyDesk's registered office. However, AnyDesk shall also be entitled to bring an action against the User at his general place of jurisdiction or at any other competent court.

14.3 Should individual provisions of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

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