Detailed information on the license and terms of use of the Minol app

These provisions define the legal framework for the use of the Minol App provided by Minol Messtechnik. By accepting these terms of use, you agree to use the app in accordance with the conditions set forth herein.

1. General/ Subject of the Contract

a) These license and terms of use (“Terms of Use”) apply to the use of the products provided by Minol Messtechnik W. Lehmann GmbH & Co. KG, Nikolaus-Otto-Straße 25, 70771 Leinfelden-Echterdingen (hereinafter referred to as "Minol") mobile app "Minol App" (the "App") by users of the App (hereinafter referred to as "Users").

b) The subject of this agreement is the free provision of the app by Minol to users. However, its use is contingent upon the existence of a valid contract with the property manager or landlord for the visualization of interim consumption information. Only after such a contract is in place will Minol provide the user with access data to use the app.

c) The Minol app is an application for iOS and Android mobile devices that displays residents' consumption information for the year. The app's display of this information meets the requirements of the German Heating Costs Ordinance (HKVO) based on the European Energy Efficiency Directive (EED). With the Minol app, residents can view their monthly and annual consumption of heating, hot water, and cold water. The consumption data is displayed graphically. Users can access up to three years of historical data. Their own consumption can be compared to previous years' values ​​as well as to average values.

Minol informs app users monthly when new consumption data is available. This information is also sent to the mobile device. The feature is enabled by default. You can decide whether to disable it. Further information can be found under Account > App Settings > Communication and Marketing > Notifications.

In addition, the Minol app offers further additional functions:

  • With the forecast of heat, hot and cold water consumption, residents can not only see their consumption of the past month, but also estimate the consumption for the rest of the billing period by means of a projection based on degree days or calendar days.
  • Residents can define their own consumption targets and compare them against their cumulative and projected annual consumption using the app. If the projected annual consumption exceeds the set targets, the app issues a notification, allowing the user to adjust their consumption habits or targets.
  • The simulation function allows residents to simulate, based on the annual forecast, how lowering or raising the apartment temperature affects heat consumption.
  • The ecological footprint allows an assessment of how much CO₂ was generated by consumption within the accounting period, and how many trees are needed to compensate for the amount of CO₂ generated.
  • If the property manager or landlord has commissioned online billing and released the online annual statement for the resident, then the resident can directly download and view the released statements using the app.

d) These Terms of Use apply solely to the user's use of the app within the scope described in Section 1. The contractual relationship between the user and Minol regarding the use of the app (the "App Agreement") begins the moment the user agrees to these Terms of Use. The Terms of Use form an integral part of the App Agreement.

e) The provisions of these Terms of Use shall also apply to future versions of the app made available to the user, unless these new versions provide for modified terms.

f) Furthermore, Minol undertakes to inform the user of any update that becomes available and to make it available to the user for installation free of charge.

2. Using the app

a) To use the app, you must accept these terms of use.

b) The app may only be used by users who are natural persons and have reached the age of 18, as well as by legal persons.

c) As a user, you are obligated to prevent unauthorized access by third parties to the app installed on your mobile device. If a third party has gained unauthorized access to the app installed on your mobile device, or if you have reasonable grounds to suspect that a third party has gained unauthorized access to the app installed on your mobile device, you must inform Minol immediately.

d) The user is liable to Minol for damages resulting from a culpable breach of their obligations under these Terms of Use. Furthermore, the user is liable for damages caused by third parties as if they were their own fault.

3. License

a) Minol grants the user a non-exclusive, non-transferable, royalty-free right to execute, display, and use the app on the user's and their agents' mobile devices (e.g., smartphone, tablet). Use of the app as stipulated in the contract includes installation, loading, displaying, and running the installed app. Furthermore, the user is prohibited from sublicensing, lending, and/or distributing the app or the right to use the app in any other way. The user will also not modify, translate, reverse engineer, decompile, or create derivative works of the app. Distributing the app to third parties is also prohibited.

b) If the user violates any of the provisions in Section 3 above, Minol has the right to terminate the app agreement with the user in accordance with Section 8 b). In the event of termination, the user must immediately and completely cease using the app and delete all copies of the app installed on their devices.

4. Intellectual property of the app

a) Minol is the sole and exclusive owner of the rights to the app. The user receives no rights other than those expressly granted to them in the app's terms of use.

b) All elements of the app, i.e. data and materials including images, graphics, illustrations, designs, symbols, photos, texts and other images (hereinafter referred to as "Content"), are owned by Minol and are protected by copyright, trademark law and/or other intellectual property rights.

c) Any use and/or reproduction of the content contrary to the provisions of these Terms of Use, without the prior express consent of Minol, violates applicable law, is prohibited under these Terms of Use and entitles Minol to terminate the app contract with the user in accordance with clause 8 b).

5. Availability

Minol strives to offer unrestricted availability of the app within the limits of what is technically feasible and economically reasonable. However, Minol does not guarantee this. In particular, maintenance work, security and capacity reasons, technical conditions, and events beyond Minol's control may lead to temporary unavailability of the app.

Privacy Policy

Minol collects, processes and uses personal data to the extent necessary in accordance with our privacy policy.

7. Liability

a) Minol shall be liable to the user for reimbursement of expenses and damages in accordance with the statutory provisions in the following cases: In the event of liability under the Product Liability Act; in cases of intent or fraudulent misrepresentation; in cases of gross negligence; for injury to life, body or health; in the event of the assumption of a guarantee by us; and in all other cases of mandatory statutory liability.

b) Minol is also liable to the user for damages in accordance with statutory provisions in the event of a culpable breach of so-called cardinal obligations. Cardinal obligations in this sense are all obligations whose breach jeopardizes the achievement of the purpose of the contract, as well as all obligations whose fulfillment is essential for the proper execution of the app contract and on whose compliance one may regularly rely. However, insofar as the breach of a cardinal obligation occurred only through slight negligence and did not result in injury to life, body, or health, claims for damages are limited in amount to the typical foreseeable damage.

c) To the extent that Minol's liability is limited or excluded under the above provisions, this also applies to the personal liability of our legal representatives, employees and vicarious agents.

d) Minol provides the user with updates for the app (see section 1). These must be installed correctly by the user. If this is not the case, liability no longer lies with Minol, but with the user.

8. Termination of App Use

a) The Minol app is made available to the user indefinitely. However, receiving updated consumption data and its visualization in accordance with section 1 is contingent upon a valid contract for the visualization of interim consumption information with the property manager or landlord.  

b) Minol may block access to the user account for good cause. Good cause exists for Minol, for example, if (i) the user persistently and seriously breaches their contractual obligations under these Terms of Use, if (ii) unauthorized, unlawful, non-contractual, criminal and/or abusive use of the app occurs or is imminent (e.g., if the user allows an unauthorized third party to use their mobile device to access the app), and/or (iii) the user fails to install a security-related update/upgrade of the app on their mobile device despite having been appropriately notified of its availability.

c) Furthermore, the user's right to use the app expires if Minol decides to discontinue offering the app or if Minol ceases operating the app. However, Minol undertakes to inform the user of this in a timely manner and to make the app available for a further six months from the date of notification of the app's discontinuation.

9. Others

a) The user is not entitled to transfer or assign rights or obligations arising from the use of the app to third parties.

b) These terms of use govern conclusively and completely the mutual contractual obligations of Minol and the user with regard to the subject matter of the contract.

c) Minol is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

d) These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding (i) the rules of private international law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods.

e) Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions shall not be affected. The parties undertake to agree on a valid replacement provision that comes as close as possible to the invalid provision or the purpose intended by the invalid provision. The same applies in the event of a contractual gap.