General Terms and Conditions for the Use of the AURAVEO WebApp
(the “WebApp T&Cs”)
(As of: August 25, 2025)
1. Subject Matter and Scope
1.1 These WebApp T&Cs constitute an agreement between Koenig & Bauer Kyana GmbH (“Kyana”) and the respective user (the “User”) regarding the free-of-charge use of the Connected Packaging WebApp (the “WebApp”) by the User. The WebApp is accessible to Users via an internet browser. Kyana and the User are each referred to as a “Party” and together as the “Parties” in these WebApp T&Cs.
1.2 The WebApp T&Cs apply to Users who are consumers within the meaning of Section 13 of the German Civil Code (BGB). Consumers are natural persons who enter into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. The use of the WebApp for commercial purposes is prohibited.
1.3 The use of the WebApp may only take place within the scope of these WebApp T&Cs. By accessing the WebApp, the User accepts the validity of these WebApp T&Cs in their respective version.
1.4 Kyana reserves the right to amend these WebApp T&Cs at any time with effect for the future and without prior notice.
2. Services Provided by Kyana
2.1 With the WebApp, Kyana provides an online application that allows Users to access information and content provided by product manufacturers and to communicate with them. The product manufacturers are solely responsible for the relevant information and content.
2.2 The use of the WebApp is free of charge for Users.
2.3 The free provision and transfer of the right to use the WebApp to Users does not include or establish a service obligation on the part of Kyana toward the customer; in other words, Kyana does not owe the WebApp to the User for free use. The same applies to the free-of-charge nature of the use. Kyana provides the WebApp to the User in its respective existing version.
2.4 Kyana reserves the right to modify, restrict, or completely or partially discontinue the WebApp or parts thereof without explicit notice. The User has no claim to the continuous provision of the WebApp or the maintenance of a specific range of functions of the WebApp.
2.5 Kyana makes every effort to offer uninterrupted operation of the WebApp but does not guarantee its uninterrupted availability. The User has no claim to seamless availability of the WebApp. Furthermore, the WebApp is regularly maintained and updated. In this context, temporary restrictions on the availability of the WebApp may occur. User claims arising from maintenance or update work or from temporary restrictions on availability are excluded.
3. Use
The use of the WebApp is possible without registration or the creation of a user account. Kyana may enable the creation of a user account at a later date. Kyana will inform Users about this at the appropriate time.
4. User Obligations
4.1 The User is prohibited from any actions that are likely to disrupt, impair, or manipulate the WebApp, its operation, and functions, in particular by:
a) using or transmitting content with viruses, so-called Trojan horses, or other programs that can damage software,
b) overwriting, changing, blocking, modifying, storing, or copying data or other content, unless expressly permitted by Kyana,
c) using technical or electronic aids that can interfere with the operation of the WebApp,
d) decrypting, disassembling, reverse-engineering, or decompiling the WebApp, or
e) copying, distributing, or licensing the WebApp, including its content.
4.2 The User is prohibited from publishing, distributing, introducing, transmitting, or using content that violates applicable law or infringes upon the rights of third parties using the WebApp.
4.3 In the event of a User’s violation of the above regulations, access and usage rights with regard to the WebApp may be temporarily or permanently, wholly or partially, withdrawn by Kyana.
4.4 Kyana is entitled at any time to check whether the use by the User has been in accordance with the WebApp T&Cs.
4.5 To use the WebApp, the User needs a compatible smartphone with an internet browser and an internet connection. It is the User’s responsibility to maintain their smartphone in a condition that allows the use of the WebApp. Kyana is not obliged to check or ensure the functionality of the WebApp on the User’s smartphone.
5. Third-Party Content and Responsibility
5.1 Kyana provides the User with an online application through the WebApp, which makes information and content from product manufacturers accessible to the User (the “Third-Party Content”). The responsibility for the Third-Party Content rests solely with the product manufacturers from whom it originates.
5.2 Kyana does not check the Third-Party Content for its legality, completeness, or accuracy. Kyana provides no guarantee for the legality, completeness, and accuracy of the Third-Party Content, including its quality and security. Kyana is not liable for damages caused by the User’s use of the Third-Party Content.
5.3 Kyana does not adopt the Third-Party Content made accessible by the product manufacturers via the WebApp as its own. If product manufacturers provide links to external websites, Kyana assumes no responsibility for the content of the external websites.
5.4 If Kyana becomes aware of or receives notifications from third parties regarding possible legal violations by third-party content within the platform, Kyana will promptly review the content in question. If Kyana determines an actual legal violation, Kyana will delete, or otherwise remove or block the affected content in a suitable manner.
6. Intellectual Property
6.1 The entire content of the WebApp (including the content made accessible or provided via the WebApp), such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Kyana or of third parties who supply or provide content via the WebApp and is protected by copyright.
6.2 Apart from the usage rights or other rights expressly granted herein, no further rights of any kind, in particular to the company name and to intellectual property rights, and in particular not to patents, utility models, or trademarks of Kyana, Koenig & Bauer AG, or companies affiliated with them within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG), are granted to the User. Kyana is not obliged to grant such rights.
6.3 To the extent the User deposits ideas and suggestions in the WebApp, Kyana may use them free of charge for the development, improvement, and distribution of products from its portfolio.
7. Usage Rights
7.1 The WebApp, including its features and functions, is the exclusive property of Kyana.
7.2 Kyana grants the User a non-exclusive, non-transferable, non-sublicensable, and territorially unlimited right of use for the use of the WebApp, limited in time to the validity of the WebApp T&Cs. This right of use entitles the User exclusively to the intended use of the WebApp. Any editing, modification, reproduction, distribution, public making available, or other exploitation of the WebApp beyond its intended use is not permitted.
7.3 To the extent content from product manufacturers is offered via the WebApp, Kyana does not grant any usage rights to this Third-Party Content. The use of such content is governed exclusively by the respective T&Cs and terms of use of the individual product manufacturers. Any rights to the Third-Party Content are held by the respective product manufacturers. The granting of usage rights or other rights to the Third-Party Content is not the subject of these WebApp T&Cs and takes place separately by the respective product manufacturers.
7.4 The WebApp and the Third-Party Content of product manufacturers are protected by both copyright laws and international copyright treaties, as well as by other laws and agreements concerning intellectual property. The User will respect these rights, in particular by not removing alphanumeric identifiers, trademarks, and copyright notices from the WebApp, the Third-Party Content, or copies thereof.
8. Data Protection / Data Security
8.1 The Parties are obliged to comply with the respective applicable data protection laws.
8.2 When a User uses the WebApp, the User’s device and software information are collected, namely the IP address (anonymized), the device type, the operating system, the browser, the language settings, and the time zone (User Agent string).
9. General Liability and Limitation of Liability
9.1 Kyana’s liability for material defects and defects in title is governed by the provisions in Section 9 of these WebApp T&Cs.
9.2 To the extent the WebApp is provided free of charge, any liability for material defects and defects in title of the WebApp, in particular for its accuracy, freedom from errors, freedom from third-party intellectual property rights, completeness, and/or usability, is excluded, except in cases of intent or fraudulent concealment.
9.3 Kyana is not liable for unauthorized interference with the WebApp or unauthorized use of the WebApp.
9.4 Kyana is fundamentally liable for damages in accordance with the statutory provisions, unless otherwise regulated in these WebApp T&Cs.
9.5 Kyana is liable for damages—regardless of the legal basis—within the scope of liability for fault in cases of intent and gross negligence.
9.6 In the event of a simple negligent breach of essential contractual obligations (i.e., obligations the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the contracting party regularly relies and may rely), Kyana’s liability is limited to compensation for typical, foreseeable damages. In the event of a simple negligent breach of non-essential contractual obligations, Kyana’s liability is excluded.
9.7 The above limitations of liability do not apply:
a) to damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty by Kyana or a legal representative or vicarious agent of Kyana,
b) to the extent that Kyana has fraudulently concealed a defect,
c) to the extent that Kyana has assumed a guarantee for the quality of a service, and
d) for User claims under the Product Liability Act.
9.8 The above provisions of this Section 9 do not result in a reversal of the burden of proof to the User’s disadvantage.
9.9 Although Kyana always endeavors to keep the WebApp free of viruses, Kyana does not guarantee that it is virus-free. Before using the WebApp and/or downloading data from the WebApp, the User must ensure adequate security measures and virus scanners for their own protection and to prevent viruses from entering the WebApp.
9.10 Disclaimers or limitations of liability in favor of Kyana according to these WebApp T&Cs also apply to Kyana’s employees, representatives, and vicarious agents.
10. Final Provisions
10.1 These WebApp T&Cs are subject to the law of the Federal Republic of Germany, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The WebApp is operated and managed by Kyana. The WebApp takes into account the requirements of German law. Kyana assumes no responsibility for the WebApp being accessible in locations outside of Germany. If Users access the WebApp from locations outside of Germany, they are solely responsible for compliance with the regulations applicable under the respective national law. Access to the WebApp from countries where such access is illegal is not permitted.
10.3 Should any provision of these WebApp T&Cs or a provision later incorporated into them be or become invalid in whole or in part, or should a loophole in these WebApp T&Cs become apparent, this shall not affect the validity of the remaining provisions. The Parties are aware of the case law of the German Federal Court of Justice, according to which a severability clause merely reverses the burden of proof. However, it is the express will of the Parties to maintain the validity of the remaining contractual provisions under all circumstances and thus to waive the application of Section 139 of the German Civil Code (BGB) in its entirety. The invalid provision or the loophole shall be replaced by a valid and enforceable provision that comes closest, legally and economically, to what the Parties intended or would have intended according to the purpose of these WebApp T&Cs if they had considered this point at the time of contract conclusion.
