General terms and conditions
(terms of use)

Altdorf, 27.04.2022

Version 1.0

We, smart connected city infrastructure gmbh, Alemannenstraße 2, 71155 Altdorf (hereinafter smart cci), have developed the application smart cci, which can be downloaded from www.smart-cci.de and other domains or used online. smart cci is a tool with which communal water suppliers can manage master data and maintenance data about objects in their infrastructure, such as gate valves, hydrants, etc., and exchange them between the parties involved. smart cci can be operated and used quickly, completely and in a user-friendly manner worldwide from end devices and most common current operating systems.

1 General, contractual partner, scope

1.1 These General Terms and Conditions shall only apply if the customer is an entrepreneur (§ 14 BGB), a legal person under public law or a special fund under public law, but not for consumers within the meaning of § 13 BGB. The entrepreneurial status of the customer shall be proven to smart cci upon request by submitting a current excerpt from the commercial register and/or a current certificate from the competent trade office or a corresponding certificate from a comparable national official authority, from which the entrepreneurial activity of the customer is clearly recognisable. The contractual partner within the scope of the following general terms and conditions is smart connected city infrastructure gmbh, Alemannenstraße 2, 71155 Altdorf (hereinafter: "smart cci") and the customer. The general terms and conditions apply in particular to contracts for the provision and use of the online-based services of smart cci (hereinafter: "services").

1.2 These General Terms and Conditions shall apply exclusively to the services provided by smart cci; general terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall only be recognised by smart cci insofar as smart cci has expressly agreed to them in writing. They shall also have no effect if smart cci has not objected to them in an individual case. The contract language is German.

1.3 These General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract or in any case in the version last notified to the customer in text form as a framework agreement also for similar future contracts, without the need to refer to the General Terms and Conditions again in each individual case.

1.4 smart cci reserves the right to change these General Terms and Conditions at any time. The customer will be informed of these changes in writing. If the customer does not object in writing to smart cci within 6 weeks after receipt of the notification of amendment, the amended General Terms and Conditions shall be deemed accepted. If unforeseeable and uninfluenceable changes occur after conclusion of the contract (e.g. smart connected city infrastructure gmbh changes in the law) or if gaps become apparent, whereby the relationship between performance and counter-performance is significantly disturbed, smart cci has the right to adjust the General Terms and Conditions even without the consent of the customer. The customer shall also be informed of this in written form.

1.5 The transfer of claims against us to third parties is excluded. § Section 354 a HGB remains unaffected.

1.6 If you do not agree with these terms and conditions, you may choose not to agree to the business transaction.

1.7 You agree to receive all notifications, agreements and notices regarding smart cci products and services in electronic form. This may be via e-mails, SMS, in-app notifications and information on the smart cci website or in the smart cci service or smart cci products. You also acknowledge that any electronic communication meets the legal requirements of a written notification.

2 Offer / scope of service / closure of contract

2.1 The subject matter of the contract is the use, free of charge or against payment, of the smart cci applications which can be accessed via https://www.smart-cci.de/ and its subpages, as a web application or corresponding mobile applications (hereinafter uniformly referred to as "services"). All data is stored in the cloud and can thus always be accessed from different end devices or a web application. The form in which and the end devices on which you can use smart cci can be found at https://www.smart-cci.de/.

2.2 The services offered by smart cci on its website or in advertisements, catalogues or brochures are subject to change. They represent a non-binding invitation to the customer to select corresponding tariffs from smart cci.

2.3 By registering at https://www.smart-cci.de/ and selecting the respective tariff, the customer submits a non-binding offer to conclude a contract.

2.4 After receipt of this request, smart cci shall immediately inform the customer of the receipt of the order by e-mail together with the sending of a confirmation link. This order confirmation by smart cci is not an acceptance of the order, but merely a confirmation that the order has been received.

2.5 The contract between smart cci and the customer is only concluded when the confirmation link sent by e-mail is called up by the customer and the customer registers with smart cci for the first time. smart cci reserves the right to refuse the conclusion of the contract without giving reasons.

2.6 After conclusion of the contract the customer immediately receives the possibility to access his customer account (account), within which he can manage his settings and use the selected services of smart cci.

2.7 If the customer does not call up the confirmation link within one week after receipt, smart cci is entitled to delete the account created by the customer.

2.8 The subject of the contract is the provision of the services for the use of their functionalities via a telecommunication connection by the customer. A corresponding Internet access is a prerequisite for the use of the services and is not the subject of the performance of smart cci. smart cci shall provide the customer with storage space for the data generated using the services and/or the data required for the use of the services (hereinafter referred to as application data) and shall grant the customer rights of use to the services against payment of the agreed fee.

2.9 The provision of Internet access for the use of the services is not the subject of this contract. The customer is solely responsible for the creation of the technical conditions necessary for the contractual use of the services in their respective area of responsibility. This includes, in particular, the functionality of the required hardware as well as the Internet access used in each case, including the telecommunications connection between the hardware used.

2.10 The service owed by smart cci results from the underlying contract of use. Statements and explanations by smart cci in advertising materials and on websites are to be understood as a description of the quality and not as a guarantee or assurance of a property.

2.11 Verbal subsidiary agreements do not exist. Subsidiary agreements as well as subsequent changes require the express written acceptance by smart cci. This also applies to warranties and subsequent amendments to the contract.

2.12 External development partners may in future offer applications/features via smart cci which customers can integrate in their smart cci profile. The price of these applications/features is determined only by the development partner. The usage contract for these applications/features is concluded exclusively with the development partner.

3 Registration

3.1 In order to use smart cci, the customer has to register.

3.2 By registering, the customer assures that all personal and company data submitted by him in the course of the registration itself as well as within the account created in the process are complete and correct in terms of content. The use of pseudonyms is not permitted.

3.3 The customer is obliged to keep the address and contact data provided during registration up to date at all times and to make any adjustments to the account without delay. The customer is also obliged to enter a permanent contact person authorised to represent the customer with an e-mail address and postal address (if different from the customer's general address) in the account created during registration. Furthermore, the customer must name in his account all persons, including contact details, who are also authorised to use the services of smart cci (hereinafter: "additional authorised users"). The additional authorised users receive individual access authorisations which are defined by the customer in advance.

3.4 The customer and further authorised users are responsible for the proper administration of the access data. smart cci is not liable for the misuse or loss of the access data. If the customer becomes aware of a misuse, he must immediately notify smart cci in writing.

3.5 In accordance with the contract and the following provisions, the customer receives the simple, non-exclusive, non-transferable right, limited to the duration of the contract, to use the subscribed services for himself and for the contractually specified authorised users for the customer's own purposes, subject to payment of the remuneration owed and due.

4 Prices / due date of payment

4.1 The amount of the (monthly or annual) costs for the use of the services results from the costs for the package selected by the customer valid at the time of the conclusion of the contract or change of package and published on the smart cci website, among others.

4.2 The first 30 days after conclusion of the contract are considered a test phase during which the customer can use the services of smart cci associated with the selected tariff free of charge. The free trial period may only be used once.

4.3 After expiry of the test phase referred to in section 4.2 of these GTC, the customer shall pay the (monthly / annual) remuneration specified for the respective chargeable package for the provision and use of the services in accordance with the contractual agreement, the amount of which results from the price list of smart cci in the version valid at the time of conclusion of the contract and later.

4.4 All prices are exclusive of the value added tax applicable at the significant time.

4.5 Discounts shall not be granted.

4.6 The remuneration shall be paid in advance for the respectively agreed reference period and the subsequent extension periods. The duration of the reference period and subsequent extension periods is specified in the usage agreement.

4.7 Invoices from smart cci are due for payment without deduction immediately after receipt by the customer. The customer can pay by bank transfer or direct debit.

4.8 If the customer is in delay with payments, smart cci is entitled to refuse the fulfilment of due services to the customer and to block the account. smart cci shall in such cases notify the customer in advance of the blocking in good time, setting a deadline for the elimination of the default. Furthermore, smart cci is entitled to demand interest on arrears in the amount of 9 percentage points above the base interest rate. If the customer chooses the direct debit method of payment, he shall also bear the costs incurred due to non-payment or reversal of the direct debit due to insufficient funds in the account. These are in particular the fees charged by the bank and the costs of notification.

4.9 The withholding of payments due to or the offsetting of counterclaims by the customer is only permissible if these counterclaims are undisputed or have been legally established.

4.10 smart cci is entitled to increase the remuneration for subscriptions with a written notice of three months to the end of the month, insofar as either the necessary costs incurred for the provision of the services, in particular the costs of maintenance and further development of the technical infrastructure or the costs for customer service and general administration - also taking into account any cost savings that may have occurred - have increased overall after conclusion of the contract. These costs shall be proven to the customer upon request.

5 Start of contract, termination and automatic extension

5.1 Upon conclusion of the contract, the free 30-day test phase begins. The contract ends automatically with the expiry of the test phase, at the latest with the expiry of the following 12 months, unless the customer has agreed to a chargeable use of the selected tariff within this period. The customer will be informed of this by smart cci before the end of the test phase. For this period, the account and the respective access data remain valid, unless the customer has already deleted the account beforehand. The customer can also decide during the test phase to use the services of smart cci for a fee by terminating the test phase prematurely in his customer account.

5.2 If a chargeable use is chosen, the duration of the contract depends on the selected tariff. The contract shall be extended by the duration corresponding to this tariff if it is not terminated in writing to smart cci in compliance with a notice period of 30 days to the end of the contract term. It is sufficient to send an e-mail with customer number, customer name and termination date to the address service@smart-cci.de .

5.3 The right to terminate the contract without notice for good cause remains unaffected. Such cause shall be deemed to exist in particular if:

  • the customer is in default of payment fpr more than two months;
  • the customer repeatedly violates the regulations of these general terms and conditions;
  • an application for the initiation of insolvency proceedings has been filed against the customer and such insolvency proceedings have been initiated or rejected for lack of funds.

6 Responsibilities and duties of the client

6.1 The customer is solely responsible for the use of the services, the proper processing of his data and the results achieved.

6.2 The customer is obliged to use the current version of the services as indicated in the account and provided by smart cci. Software updates are carried out automatically. Excluded from this are apps, plug-ins and add-ons from third-party providers. The customer is solely responsible for adjusting and updating the individual settings.

6.3 The customer must independently and at his own responsibility and expense create all the conditions necessary for the use of the services of smart cci. This concerns in particular the system requirements, infrastructure as well as the telecommunication connection between the customer and smart cci.

6.4 The customer undertakes to use the services of smart cci exclusively for the contractually agreed purposes. Access to the services of smart cci is exclusively via the agreed channels. The customer may not circumvent, remove, switch off or otherwise render inoperable security measures set up by smart cci.

6.5 The customer shall comply with appropriate technical and organisational security standards and ensure that no viruses enter the systems of smart cci from his systems. Furthermore, it is incumbent on the customer to control the proper use of the contractual services by his employees and in particular the employees also deposited in his profile as further authorised users. For his part, he is obliged to oblige his authorised users to comply with the provisions of these GTC. The customer is liable for the use of his access to the services of smart cci under the passwords chosen by him or via his infrastructure, unless he proves to smart cci that the use is not attributable to him.

6.6 The customer shall ensure that the contractual use by smart cci of the information, data and materials provided by him does not infringe any third-party rights. Before storing corresponding information, data and materials on smart cci, he is obliged to check whether he may use this information, data and materials within the scope of the agreed services in accordance with the contract and, if necessary, to provide the required rights of use and obtain the consent of third parties. The customer shall indemnify smart cci against all claims of third parties resulting from a breach of the aforementioned obligations. The indemnification also includes the costs of any necessary legal defence.

6.7 The customer is obliged to refrain from the following actions of use:

  • Sending mass SMS, SMS bombing; junk mail, spamming and similar actions;
  • attempting to translate, decompile or disassemble the software codes of the contractual partner;
  • distributing or reproducing protected works (e.g. performing arts, music, literature, software, etc.), making them accessible by means of links or other use - against payment or free of charge - if and to the extent that no legal permission or consent/authorisation of the person(s) entitled to use the copyright exists for this purpose;
  • use of programs, program functions or comparable technical devices to enable the use of the account by circumventing the user interface, e.g. by means of scripts, robots, posting automatisms, etc.;
  • to carry out applications which lead to a change in the physical or logical structures of the networks used;
  • invitations to participate in so-called snowball systems, multi-level marketing or comparable competitions;
  • measures to manually or automatically hide the advertising placed or presented on smart-cci.de.

6.8 The customer further agrees to observe the following provisions when using the services of smart cci, in particular when writing content:

  • All content posted by a client must correspond to the facts and be as factual, objective and accurate as possible. It must not infringe any patent rights, copyrights, trademark rights, personal rights or otherwise protected legal positions of third parties.
  • The posting, sending or otherwise making available of content is not permitted if it depicts or contains the following:
    • intentional misinformation, insults, slander, obscenities or lies;
    • threats against other users, providers or third parties;
    • commercial self-promotion by entering e-mail addresses, URLs or telephone numbers;
    • hearsay information and unverified statements by third parties;
    • logos, titles, brand names or materials with a commercial purpose;
    • open or covert advertising;
    • communication of irrelevant facts.
  • The following contents are also not permitted:
    • which are copied or transcribed elsewhere;
    • that contain offensive statements or comments;
    • which are pornographic, obscene, offensive, vulgar or otherwise objectionable;
    • which pose a security risk as a carrier of viruses, trojans or other harmful programs;
    • which are discriminatory, racist, contemptuous of human rights, radical, religious, xenophobic, national socialistic, pornographic or otherwise sexually degrading in character;
    • in addition, statements or actions of any kind that violate legal regulations, in particular the Criminal Code (StGB), Narcotics and Medicines Act, Youth Protection Act (JSchG), Competition Law (UWG), Copyright and Trademark Law as well as other protective and personal rights of third parties.

6.9 The customer shall take the appropriate precautions to back up the data and content entered, uploaded and stored by him within the framework of smart cci regularly and in accordance with the risk and to create his own back-up copies in order to ensure the reconstruction of the data and information in the event of loss.

6.10 If the customer violates the obligations incumbent upon him according to these GTC, smart cci is entitled to block access to the services or to delete the customer's account and/or content contrary to the contract or the law or to change it to a permissible level, to terminate the present contractual relationship and/or to refuse a renewed application (registration) by the customer. Claims of the customer against smart cci due to such measures are excluded.

7 Changes in performance and availability

7.1 smart cci reserves the right to expand, change or restrict functions, insofar as this serves technical progress, is necessary to prevent misuse or smart cci is obliged to do so due to legal regulations. If the contractual use of the service by the customer is not only insignificantly impaired by the change of the scope of functions, the customer has the right to change the tariff or to terminate the contract.

7.2 smart cci endeavours to provide the services to its customers with an availability of 99 % per calendar year. Excluded from this are:

  • periods of unavailability due to disruptions of the internet beyond the control of smart cci or due to other circumstances beyond the control of smart cci, in particular force majeure;
  • times of unavailability due to planned maintenance work on the database system, which is carried out regularly;
  • periods of unavailability due to mandatory unscheduled maintenance work required to eliminate malfunctions; the customer will be informed of this, if possible, by a notice on the website;
  • periods of unavailability due to the fact that the necessary technical requirements to be created by the customer for the use of the services are not given.

8 Liability

8.1 The liability of smart cci is governed by the statutory provisions, unless deviations arise from the following provisions.

8.2 smart cci shall only be liable in the event of intent and gross negligence. This also applies to intentional or highly negligent behaviour of the seller's representatives and/or vicarious agents. This limitation of liability shall not apply to cases of breach of material contractual obligations and in cases of injury to life, limb and health and mandatory liability under the Product Liability Act.

8.3 The liability for damages shall be limited to the foreseeable, typically occurring damage.

8.4 Unless otherwise stipulated above, liability is excluded. This applies in particular to damage caused by circumstances beyond the control of smart cci, such as force majeure, striking, official measures, failure of means of transmission or other disruptions.

8.5 The expiry period is 12 months, calculated from the date of conclusion of the contract.

9 Confidentiality and privacy policy

9.1 Data processing is carried out in accordance with the applicable German Federal Data Protection Act (BDSG), the EU Basic Data Protection Regulation (EU- DSGVO) and the German Telemedia Act (TMG).

9.2 smart cci considers the proper processing of personal data to be very important, the privacy policy can be viewed at https://smart-cci.de/privacy.

9.3 Insofar as the customer posts or allows to be posted personal data of third parties in the online-based services of smart cci, he shall be responsible to smart cci and shall ensure that this is permissible in accordance with the applicable privacy regulations.

9.4 The parties undertake to treat all confidential information of which they become aware during the performance of this contract as confidential and to use it exclusively for contractually agreed purposes and not to pass it on to third parties or exploit it. The parties undertake to oblige their employees and collaborators as well as other parties involved accordingly.

9.5 Confidential information within the meaning of this provision is information, documents, details and data which are designated as such or which by their nature are to be regarded as confidential.

10 Remaining; place of jurisdiction; valid law

10.1 Should any of the above provisions be invalid, this shall not affect the validity of the contract concluded. The parties shall close any loophole caused by the ineffectiveness by a joint agreement which comes as close as possible to the ineffective provision in economic and legal terms.

10.2 If the customer is a merchant, a legal person under public law or a special fund under public law, Stuttgart shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same shall apply if the customer is an entrepreneur within the meaning of § 14 BGB.

10.3 Place of performance is the registered office of smart cci.

10.4 German law shall apply to the conclusion and execution of all contracts. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.


Version 1.0 - 27.04.2022