1.1 DKE-Data GmbH & Co. KG, located at Albert-Einstein-Straße 42, 49076 Osnabrück (hereinafter referred to as "DKE"), has developed a platform for manufacturer-neutral and cross-product exchange of agricultural data and information with various recipients ("endpoints") called "agrirouter". The agrirouter enables secure and cross-manufacturer data exchange, allowing end users (e.g., farmers, contractors, holdings, and other companies in the agricultural sector) to individually decide which data to transmit and to whom.
1.2 A contract regarding these End User Terms is concluded between DKE and the end user when the end user registers at www.agrirouter.com and creates a personal user account incorporating these terms.
The end user is granted a simple, non-transferable right to administer their user account. If the end user is a legal entity, this right also applies to all employees, consultants, contractors, and other third parties, provided that these rights are used in the course of activities for the benefit of the end user.
To create a personal user account, the end user registers at www.agrirouter.com by providing correct information (company name, email address, and country). The provisions of Section 5 on data protection apply. The end user can manage their user account, including changing personal information such as name, address, etc., or deleting the entire user account.
3.2.1 The end user is obligated to use their user account only in accordance with the contract and legally.
3.2.2 If the end user's information (name, address, etc.) changes, they must update it immediately.
3.2.3 Access credentials for the user account must be kept confidential and must not be shared, reused, or used by multiple people. If the end user is a legal entity, sharing and usage of access credentials are allowed for those who need them as part of their duties for the benefit of the end user.
3.2.4 Except as provided in these End User Terms, the user account must not be sublicensed, sold, rented, or otherwise made available to third parties.
3.2.5 Unless permitted by mandatory law, it is prohibited to copy, translate, disassemble, decompile, reverse engineer, modify, or create derivative works of the user account, the agrirouter, or the cloud services used by the agrirouter.
3.2.6 Any usage that violates applicable laws is prohibited, especially the transmission of information or data that infringes on third-party rights or legal provisions.
3.2.7 It is prohibited to compromise or circumvent the operation or security of the user account, agrirouter, or the cloud services used by the agrirouter.
Various machines, software, and apps can be connected to the agrirouter, and data provided by them can be transmitted to the respective recipients/endpoints. Data transmission takes place between the endpoint and the agrirouter based on the settings in the user interface. The data transmission and connection are not subject to these End User Terms but are governed solely by the user account as per Section 3.
4.1.1 In the user interface, the end user can connect and manage hardware, software components, or apps, as well as view all available endpoints. Connections and permissions for exchanging specific data with individual endpoints can be defined or changed. Additionally, multiple agrirouter user accounts can be linked.
4.1.2 The end user can independently and autonomously decide which data to exchange, to what extent, and with which recipients, and for what period.
DKE takes the protection of personal information very seriously and strictly adheres to all applicable data protection laws, particularly the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the Digital Services Act (DDG). Information on the processing of personal data when using the agrirouter and the website can be found in DKE's privacy policy at https://agrirouter.com/de/privacy.
DKE has no interest in the content of the data being transmitted. However, to ensure the agrirouter's functionality, data may need to be temporarily stored, such as when an endpoint is not available during transmission. To avoid data loss in such cases, data is stored for a maximum of four weeks (buffer). One week before this period expires, the end user will be notified of the impending data deletion. Data provided during registration (Section 3.1) is not affected by this.
Billing follows a flat-rate model (volume-independent) with hardware, software, or app providers, as well as other service providers related to the use of the agrirouter, without DKE accessing or being aware of the data's content. No direct billing occurs between DKE and the end user.
Hardware, software, or app providers, or other third parties may process the end user's personal data in connection with the use of the agrirouter. DKE has no control over this and is not responsible for it. The personal data entered into the user account (e.g., name, email address) is not affected.
6.1 DKE is liable for damages resulting from injury to life, body, or health caused by negligent or intentional breaches of duty by DKE or its legal representatives/agents, in accordance with statutory provisions.
6.2 DKE is liable only for intent and gross negligence, as well as for fraudulently concealed defects.
6.3 In cases of gross negligence, compensation claims expire two years after they arise if a simple employee is responsible.
6.4 DKE recommends that the end user ensure compliance with any legal obligations, especially regarding data availability.
6.5 DKE is not liable for incorrect data transmission caused by user error or incorrect data from app providers.
7.1 Either party may terminate the registration at any time. For DKE, this does not apply if the end user is entitled to use the agrirouter under a valid contract with a third party.
7.2 The right to terminate without notice for good cause remains unaffected.
These End User Terms and related claims are subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes is Hamburg.
Changes to these End User Terms must be in writing.
The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr. DKE is not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Please note: Only the German version of this end user terms is legally binding. This version is for information purposes only.