Terms of Use
1. Scope of Application
1.1. The use of these websites offered by CITO GmbH and/or its subsidiaries and affiliate brands (“Orbit Eco”) (hereinafter referred to as "Orbit Eco-Website") is permitted exclusively on the basis of these terms. These General Terms of Use may be supplemented, modified, or replaced in specific cases by additional terms, e.g., for the purchase of products and/or services. By logging in, or, if no separate login is required, by starting to use the site, the user accepts the validity of these Terms of Use in their current version.
1.2. If the user utilizes the Orbit.Eco-Website as or on behalf of a company, i.e., in the exercise of a commercial or independent professional activity, or for a public corporation, Section 312i (1) sentence 1 numbers 1-3 of the German Civil Code does not apply.
1.3. For web services aimed at companies or public corporations, the respective company or corporation is represented by the user, who must be attributed the user’s actions and knowledge.
2. Services
2.1. Orbit.Eco provides certain information and software, along with documentation if applicable, for retrieval or download on the Orbit.Eco-Website.
2.2. Orbit.Eco reserves the right to cease the operation of the Orbit.Eco-Website, entirely or partially, at any time. Due to the nature of the internet and computer systems, Orbit.Eco does not guarantee the continuous availability of the Orbit.Eco-Website.
3. Registration, Password
3.1. Some pages of the Orbit.Eco-Website may be password-protected. Access to these pages is permitted only for registered users in the interest of secure business transactions. There is no entitlement to registration by Orbit.Eco. Orbit.Eco reserves the right, particularly for previously freely accessible websites, to require registration. Orbit.Eco has the right to revoke access authorization by blocking access data without the need to provide reasons, particularly if the user:
- provided incorrect information for registration,
- violated these terms or their duty of care regarding access data,
- violated applicable law in accessing or using the Orbit.Eco-Website, or
- has not used the Orbit.Eco-Website for an extended period.
3.2. If registration is required, the user must provide truthful information for registration and promptly notify Orbit.Eco (if applicable, online) of any subsequent changes. The user shall ensure they receive emails sent to the email address they provided.
3.3. After registration, the user receives a username and password (hereinafter also referred to as "User Data"). On their first login, the user must change the password provided by Orbit.Eco to a password known only to them. The User Data enables the user to view, modify, or, if applicable, revoke or extend their consent to data processing.
3.4. The user shall ensure that User Data is not accessible to third parties and shall be liable for all orders and other activities conducted under their User Data. After each use, the user must leave the password-protected area. If the user becomes aware of any misuse by third parties of their User Data, they must promptly notify Orbit.Eco in writing, with preliminary notice by simple email if necessary.
3.5. Upon receiving notice according to Section 3.4, Orbit.Eco will block access to the password-protected area using these User Data. The access block can only be lifted after a separate request from the user to Orbit.Eco or after new registration.
3.6. The user may at any time request the deletion of their registration in writing, provided that the deletion does not conflict with the fulfillment of ongoing contractual relationships. In this case, Orbit.Eco will delete all User Data and other stored personal data of the user once it is no longer needed.
4. Usage Rights to Information, Software, and Documentation
4.1. The use of information, software, and documentation provided on the Orbit.Eco-Website is subject to these terms or, in the case of updates to information, software, or documentation, to the prior applicable license terms agreed upon with Orbit.Eco. Separate license terms agreed upon, e.g., when downloading software, take precedence over these terms.
4.2. Orbit.Eco grants the user a non-exclusive, non-transferable right to use the information, software, and documentation provided on the Orbit.Eco-Website to the extent agreed or, if no agreement exists, as corresponds to the purpose intended by Orbit.Eco with the provision and transfer.
4.3. Software is provided free of charge in machine-readable form. There is no claim for the release of the source code, except for open-source software whose license terms require the release of the source code, which takes precedence over these terms. In such cases, Orbit.Eco will make the source code available upon reimbursement of costs.
4.4. The user may not distribute, rent, or otherwise make available the information, software, or documentation to third parties at any time. Unless mandatory legal provisions permit otherwise, the user may not modify, reverse-engineer, or translate the software or remove parts from it. The user may create a backup copy of the software if this copy is necessary for future use based on these terms of use.
4.5. The information, software, and documentation are protected by copyright laws, international copyright treaties, and other laws and agreements on intellectual property. The user shall observe these rights, in particular, shall not remove any alphanumeric identifiers, marks, or copyright notices from the information, software, documentation, or copies thereof.
4.6. Sections 69a et seq. of the German Copyright Act remain unaffected.
5. Intellectual Property
5.1. Without prejudice to the specific provisions in Section 4 of these terms of use, information, brand names, and other content on the Orbit.Eco-Website may not be modified, copied, duplicated, sold, rented, used, supplemented, or otherwise exploited without prior written permission from Orbit.Eco.
5.2. Apart from the expressly granted rights of use or other rights herein, the user is not granted any further rights of any kind, in particular with respect to the company name and industrial property rights, such as patents, utility models, or trademarks, nor is Orbit.Eco obligated to grant such rights.
5.3. If the user provides ideas and suggestions on the Orbit.Eco-Websites, Orbit.Eco may use these free of charge to develop, improve, and market its services and products.
6. User Obligations
6.1. When using the Orbit.Eco-Website, the user shall not:
- behave in a manner violating public decency;
- violate industrial property rights, copyrights, or other property rights;
- transmit content containing viruses, so-called Trojan horses, or other programming that could damage software;
- enter, store, or send hyperlinks or content they are not authorized to, especially if such hyperlinks or content violate confidentiality obligations or are illegal; or
- distribute advertising or unsolicited emails (so-called "spam") or incorrect virus warnings, malfunctions, etc., or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes, and similar actions.
6.2. Orbit.Eco may block access to the Orbit.Eco-Website at any time, especially if the user violates their obligations under these terms.
7. Hyperlinks
The Orbit.Eco-Website may contain hyperlinks to third-party websites. Orbit.Eco assumes no responsibility for the content of these websites, nor does Orbit.Eco adopt these websites and their content as its own, as Orbit.Eco does not control the linked information and is not responsible for the content and information provided there. Use of these websites is at the user’s own risk.
8. Liability for Defects in Quality and Title
8.1. If information, software, or documentation is provided free of charge, any liability for defects in quality and title of the information, software, and documentation, especially concerning accuracy, absence of defects, freedom from third-party rights, completeness, and/or usability—except in cases of willful misconduct or fraud—is excluded.
8.2. The information on the Orbit.Eco-Website may contain specifications or general descriptions of technical capabilities of products that may not always be present in individual cases (e.g., due to product changes). The desired features of the products must therefore be agreed upon individually at the time of purchase.
9. Other Liability, Viruses
9.1. The liability of Orbit.Eco for defects in quality and title is governed by the provisions in Section 8 of these terms of use. Otherwise, any liability of Orbit.Eco is excluded unless, for example, liability is mandatory under the Product Liability Act, in cases of willful misconduct, gross negligence, for injury to life, body, or health, for assuming a quality guarantee, for fraudulently concealing a defect, or for breach of essential contractual obligations. Compensation for breach of essential contractual obligations is limited to typical foreseeable damage unless willful misconduct or gross negligence is present.
9.2. Although Orbit.Eco makes every effort to keep the Orbit.Eco-Website virus-free, Orbit.Eco does not guarantee virus-free access. For their own protection and to prevent viruses on the Orbit.Eco-Website, the user shall ensure appropriate security measures and virus scanners before downloading information, software, and documentation.
9.3. The preceding provisions in Sections 9.1 and 9.2 do not imply any reversal of the burden of proof to the disadvantage of the user.
10. Compliance with Export Control Regulations
10.1. In transferring the information, software, and documentation provided by Orbit.Eco to third parties, the user shall observe applicable national and international (re-) export control regulations. In any case, the user shall comply with the (re-) export control regulations of the Federal Republic of Germany, the European
Union, and the United States of America when making such transfers.
10.2. Before such transfer, the user shall specifically ensure that:
- they do not violate any embargo imposed by the European Union, the United States of America, and/or the United Nations by transferring the information, software, and documentation provided by Orbit.Eco to third parties or by making other economic resources available in connection with information, software, and documentation provided by Orbit.Eco, even taking into account possible restrictions on domestic transactions and prohibitions on circumvention;
- the information, software, and documentation provided by Orbit.Eco are not intended for prohibited or approval-requiring military or weapons-related uses unless required approvals are available;
- the provisions of all applicable sanction lists of the European Union and the United States of America, related to business with specified companies, individuals, or organizations, are adhered to.
10.3. If required for export control inspections by authorities or by Orbit.Eco, the user shall promptly provide Orbit.Eco with all necessary information on the end recipient, the final destination, and the intended use of the information, software, and documentation provided by Orbit.Eco, as well as applicable export control restrictions.
10.4. The user shall fully indemnify Orbit.Eco from all claims brought by authorities or other third parties against Orbit.Eco due to the user's non-compliance with the export control obligations outlined above and shall compensate Orbit.Eco for any damages and expenses incurred in this context, unless the user is not responsible for the violation. This does not imply any reversal of the burden of proof.
10.5. Orbit.Eco’s obligation to fulfill this contract is subject to the absence of any obstacles arising from national or international trade regulations, embargoes, and/or other sanctions.
11. Supplementary Agreements, Jurisdiction, Applicable Law
11.1. Supplementary agreements must be in writing.
11.2. If the user is a merchant within the meaning of the German Commercial Code, the place of jurisdiction is Munich.
11.3. The individual pages of the Orbit.Eco-Website are operated and managed by CITO GmbH and/or its subsidiaries. The pages take into account the requirements of the country in which the responsible company is based. Orbit.Eco assumes no responsibility for the availability or legality of the information, software, and/or documentation from the Orbit.Eco-Website outside the relevant country. If users access the Orbit.Eco-Website from outside the country in question, they are solely responsible for complying with the applicable local laws. Access to information, software, and/or documentation from the Orbit.Eco-Website from countries where such access is illegal is not permitted. In such cases, and if the user wishes to establish business relations with Orbit.Eco, the user should contact Orbit.Eco representatives in the respective country.
11.4. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Terms of Use
