Effective from 05 October 2022
A summary of the latest changes are available at the following link.
1. general | scope of application
2. services | conclusion of the contract of use
2.1 luca grants the User:s free access to the Services.
2.3 luca has the right to downgrade, limit or otherwise modify the scope and/or content of the Services at any time and without prior notice. Subject to the provisions in clause 8, luca shall have no warranty, compensation, maintenance, support or availability obligations for the Services.
2.4 luca shall be entitled to engage subcontractors at any time in order to fulfill its contractual obligations.
3. rights of use | restrictions on use
3.1 In accordance with the User Agreement, luca grants the User:in a simple, non-transferable, non-sublicensable, right during the term of the Agreement to use the Services for the purpose of contact tracing as part of measures to contain the current spread of the SARS-CoV-2 coronavirus and any mutations and/or to provide the reservations, regular guest function (CRM), payment option via luca Pay to its own guests and visitors. The Services are provided as currently described on luca’s website, including the Frequently Asked Questions (FAQ) section (“Documentation“).
3.2 The User shall not (and shall not permit any third party to), directly or indirectly: (a) sublicense, transfer, distribute, share, or otherwise generate revenue from the Services; (b) copy the services to a public or distributed network; (c) decompile, reverse engineer, disassemble or otherwise attempt to obtain source codes, object codes or underlying structural ideas, know-how or algorithms or other functional mechanisms of the Services, unless this is permitted in individual cases due to mandatory legal provisions; (d) modify, adapt, translate or create derivative works based on all or any part of the Services (except to the extent permitted by luca or as authorized under the Services); (e) Modify any proprietary rights notices appearing in the Services or any part thereof; (f) use the Services in a manner that violates applicable laws and regulations or use outside the scope of the license described in this Section 3; (g) use the Services to (i) store, download or transmit infringing, defamatory or otherwise unlawful or unauthorized material or malicious code or malware; or (ii) engage in phishing, spamming, denial of service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of any third party system or the offerings or data contained therein; (iv) attempt to gain unauthorized access to luca’s services or systems or networks; or (v) perform, or engage third parties to perform, penetration testing, vulnerability assessments or other security assessments.
3.3 The User may only use the Services as described in the Documentation. Particular attention must be paid to the correct recording of check-in and check-out data and the protection of the QR code against loss and misuse.
4. duties of the user
4.1 The User:in is obliged to use the Services only in full compliance with all applicable laws and regulations.
4.2 The User shall be obligated to procure and maintain at its own expense any technical equipment and related ancillary services required for the User’s connection to, access to, or other use of the Services. This applies in particular to hardware, software, servers, operating systems, networks and mobile devices (collectively “Technical Equipment“). luca’s requirements for technical equipment can be viewed in their current version on luca’s website.
4.3 The User shall be solely responsible for the safety of the Technical Equipment and any use of the Technical Equipment known or unknown to the User.
4.4 The User:in is solely responsible for the content of all data displayed, uploaded, stored, exchanged or transmitted by the User:in via or with the help of the Services (collectively “Content“). luca is not able to control the information that may be transmitted by the User during the use of the Services or to guarantee the accuracy of such information.
4.5 luca is entitled, without prior notice and without being liable for it, to investigate alleged violations of the User Agreement by the User:in and may take legal and/or technical measures against the User:in that luca deems appropriate to remedy such violations. These measures include restricting, blocking or terminating the User’s access to the Services.
4.6 The User shall ensure that the information provided by him/her in the Services is always up-to-date and correct. In the event of any unauthorized use or suspected breach of security or misuse of the Services, the User shall notify luca thereof without undue delay.
4.7 Unless the User:in is required by law to provide contact tracing, the User:in shall check whether separate consent must be obtained for the recording of guests’ check-in and check-out data and shall ensure that such consent is correctly obtained and documented where necessary.
4.8 The User:in shall provide the Guests with alternatives to the use of the luca system, for example by handwritten recording of contact and stay data.
4.9 Luca is entitled to list the User after his/her consent for the provision of the function “discovery” among participating locations with indication of the address.
4.10. Users:in confirms that it is a legitimate business that has all the necessary licenses and permits, which can be provided upon request. luca reserves the right to verify and investigate all information provided in this application.
5. term | termination
5.3 The right of lucas and the User to terminate the User Contract without notice for cause shall remain unaffected.
6. property rights | user data | IT security | Updates
6.1 luca and luca’s contractors, if any, are and shall remain the owner of all proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and technical solutions in and relating to the Services. The User acknowledges that the rights granted under a User Agreement do not give the User any ownership rights in the Services.
6.2 All rights to the content and to data that the User:in provides to luca to enable the provision of the Services or that the User:in provides during the use of the Services (“User data“), as well as to data based on or derived from the Content or User Data, shall remain with the User:in. The User grants luca a simple, non-transferable, sub-licensable (right of use), unrestricted in terms of space and content, to use the Content and User Data exclusively to the extent necessary for the provision of the Services. luca is not liable for the content or the user data.
6.3 luca shall take reasonable measures to ensure that the security of the Services complies with customary market industry standards.
6.4 luca reserves the right to make new versions and updates of the Services, in particular changes to the design, operational procedure, technical specifications, systems and other functions of the Services, at any time and without prior notice.
7. data protection
7.1 The User:in and luca shall at all times comply with the requirements of applicable data protection law, in particular the GDPR.
8. limitation of liability
8.1 Subject to the provisions of § 599 BGB, luca shall be liable without limitation for (a) injury to life, body or health by luca, luca’s legal representatives or vicarious agents; (b) damage caused intentionally or by gross negligence by luca, luca’s legal representatives or vicarious agents; (c) damage due to the absence of a guaranteed quality; and (d) claims arising from the German Product Liability Act (ProdHaftG).
8.2 Subject to the provision of § 599 BGB (German Civil Code), luca shall be liable for damages resulting from the breach of cardinal obligations by luca, luca’s legal representatives or vicarious agents. Cardinal obligations are obligations the fulfillment of which is essential for the proper performance of the contract of use and compliance with which the user regularly relies on and may rely on. If the breach of cardinal obligations is due to slight negligence on the part of luca, luca’s legal representatives or vicarious agents, the liability of luca shall be limited to the amount that was foreseeable for luca at the time of the provision of the respective service.
8.3 Subject to the provision of § 599 BGB (German Civil Code) as well as clauses 1 and 8.2, luca shall not be liable for damages resulting from the breach of obligations which do not constitute cardinal obligations and which were caused by slight negligence by luca, luca’s legal representatives or vicarious agents.
8.4 The User acknowledges that the Services are not a substitute for adequate precautions against infection with the SARS-CoV-2 coronavirus and/or its mutations, and that certain features of the Services require the User to interact with other Users and/or health authorities, if the User so desires. luca is not responsible (a) for any infections of the User:in or third parties with the SARS-CoV-2 coronavirus or its mutations, (b) for certain conclusions that the User draws from the use of the Services, (c) for the connection of other users or health authorities to the services; and (d) for interaction between the user and other users or health authorities.
8.5 Any liability of luca beyond the cases regulated in this clause 8 shall be excluded.
8.6 Luca is not liable for the proper performance of reservation or payment services.
9. complete agreement | severability clause | amendments | updates
9.3 Changes or amendments to the User Agreement must be made in text form (the exchange of simple e-mails is sufficient). The same applies to agreements to deviate from this text form requirement or to waive it completely. Item 4 remains unaffected.
10. applicable law | consumer arbitration board
10.1 Any User Agreement and any disputes or claims (contractual or non-contractual) arising out of or in connection with the User Agreement or its subject matter or its conclusion shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The place of jurisdiction is Berlin.
10.2 The European Commission operates an online arbitration service which can be accessed via this link. luca is not obligated to participate in dispute resolution proceedings before this arbitration board or before any other consumer arbitration board.
Stuttgart Local Court, Germany, HRB 785031