Wireless Communications Guide

A web application for comparing technologies and use cases developed for the VDMA working group Wireless Communications for Machines.

User registration

You already have an account? Log In

2024-01-17 (Version 1.0)

This End User License Agreement (hereinafter „License Agreement“) is a legally valid contract between you as the user (hereinafter „User“) and FVA GmbH (hereinafter „FVA“), Lyoner Str. 18, 60528 Frankfurt am Main, Germany. The User enters into this License Agreement by accepting the Terms of Use during the registration process or otherwise using the FVA-provided software.

This License Agreement governs the use of the „Wireless Communications Guide“ software developed and provided by FVA (hereinafter „Software“) and the provision thereof. The use of the Software without conclusion of this License Agreement constitutes an infringement of copyright.

1	Contractual Object
	The object of this license agreement is the temporary use of the software. The software is a evaluation software for industrial communication systems. The software only provides an example of a possible solution, without claim of completeness. In particular, other solutions may be more suitable or safer than the solution proposed by the software in a specific case. The calculation results of the software are not suitable for use without additional testing by the user.
2	Provision and Registration
2.1	FVA shall make the Software available to the User from the time of registration to be accessed by the User via the Internet at the wcg.fva-service.de platform - using a browser operated by the User.
2.2	The handover point for FVA's contractual services is the router output of the data centers used by FVA to the Internet. The connection of the User to the Internet, the maintenance of the network connection, and the procurement and provision of the hardware and software required by the User are not the subject of this license agreement.
2.3	The user shall take appropriate precautions in the event that the software does not function properly. The User shall back up its data in accordance with the state of the art and ensure that it can be restored with reasonable effort.
2.4	FVA reserves the right to modify the Software or to offer it on the market under different legal conditions. FVA shall take into account the legitimate interests of the User and shall not degrade the Software.
2.5	Registration is a prerequisite for using the Software.
2.6	During the registration process, the User must specify his/her access data. These consist of an e-mail address and a freely chosen password.
2.7	The information provided in the registration form during registration must be complete and correct. When registering, the user may not impersonate another person or company or use a name that he or she is not authorized to use.
2.8	The access credentials, including the password, must be kept secret and must not be made accessible to unauthorized third parties under any circumstances.
2.9	By sending the registration data, the User submits an offer to FVA to conclude a license agreement on the basis of these Terms of Use. FVA shall decide whether to accept the offer at its own discretion. The contractual relationship shall come into effect when FVA activates access to the Services.
2.10	FVA may temporarily or permanently block User accounts in whole or in part at its own discretion and terminate the license agreement without notice if there are concrete indications that the User is violating or has violated these Terms of Use, the intellectual property rights of FVA and/or applicable law, or if FVA has any other legitimate interest in blocking the account.
3	Rights of Use
3.1	FVA is the sole and exclusive owner of all rights to the provided software provided.
3.2	FVA grants the User a simple, non-exclusive, non-transferable, non-divisible right to use the software as intended, limited in time to the term of the contract and limited in location to the territory of the Federal Republic of Germany.
3.3	The source code of the software shall not be made accessible to the user, and the user undertakes not to carry out reverse engineering, disassembly, decomplication, translation or unauthorized disclosure himself, nor to arrange for or facilitate such, unless this is permitted under applicable mandatory law.
3.4	The user may not reproduce the software unless this is permitted for contractual use or otherwise in accordance with mandatory legal provisions. Contractual reproduction includes loading into the working memory, but not even temporary installation or storage on the user's media.
3.5	The User may not remove or change copyright notices, serial numbers or other identifying features of the software.
3.6	If FVA provides the User with third-party software as part of the Software, the User's right of use shall be governed exclusively by the license terms of the third party. Upon request, FVA shall inform the User which third-party software is included in the Software and grant the User access to the license terms. This shall apply accordingly to open-source software.
4	Updates and Upgrades
	FVA shall provide the necessary updates and upgrades to the software in order to ensure the security and usability of the software. FVA is under no obligation to expand the functional scope of the software.
5	Remuneration, Terms of Payment
5.1	The software can be used free of charge after registration. It is mandatory to provide the information requested in the registration form. In the event of paid use, the following conditions apply:
5.2	The amount of remuneration is determined by the contractually agreed prices. The price to be paid for the software may consist of one-off amounts and/or recurring amounts (e.g., monthly/annual usage fee) and/or usage-dependent amounts (e.g., pay-per-use) and/or individual additional fees.
5.3	The remuneration for recurring services shall be invoiced to the User by FVA in advance for the contractually agreed service period.
5.4	The remuneration shall be due and payable within 14 days of the invoice date. Invoices shall be sent electronically.
5.5	FVA reserves all rights to the software until all due claims of FVA against the User - of the respective billing period - have been settled.
5.6	Offsetting by the User against counterclaims is not permitted unless the counterclaim is undisputed or has been legally established.
6	Term
	The license agreement is concluded for an indefinite period. Each party is entitled to terminate the license agreement at any time without specifying reasons by providing one month's notice to the end of a calendar month. The User terminates by deactivating his/her account. FVA shall declare the termination in text form and/or by blocking and deleting the User Account. The right to extraordinary termination shall remain unaffected.
7	Warranty
7.1	FVA shall provide the User with the Software free of material defects and defects of title.
7.2	Claims for defects shall not exist in the event of only insignificant deviations from the agreed or assumed quality and in the event of only insignificant impairment of the usability of the Software.
7.3	FVA shall not be obligated to remedy material defects or defects of title that are caused (1) by use of the Software contrary to the provisions of this License Agreement, (2) by use of the Software in systems or in connection with hardware and software that are unsuitable for this purpose and not approved by FVA, or (3) by modifications of the Software by the User, unless the User proves that the defect was not caused by this. Furthermore, FVA shall not be responsible if the User fails to install updates to the Software to remedy defects.
7.4	The User shall be obliged to report defects to FVA immediately, stating the known and relevant information, and to enable FVA to reproduce and determine the defect.
8	Liability
8.1	FVA shall be liable without limitation in the event of intent, fraudulent intent and gross negligence, in the event of injury to life, body or health, in accordance with the provisions of the Product Liability Act and under a guarantee assumed by FVA.
8.2	FVA's liability for slightly negligent breaches of primary obligations shall be limited to direct damages that are typical for this license agreement and were foreseeable at the time the agreement was concluded. Principal obligations are obligations on behalf of FVA that enable the performance of this License Agreement; i.e., that are a prerequisite for the performance of this License Agreement and on which the User must be able to rely. This liability shall be limited for each case of damage to the license fee paid by the User under this License Agreement and shall not include the User's loss of profit.
8.3	The above limitation of liability shall also apply to the personal liability of FVA's employees, representatives and bodies.
8.4	Any further liability on behalf of FVA shall be excluded.
9	Indemnity
9.1	The User shall indemnify FVA against all costs and claims asserted by third parties against FVA due to the infringement of their rights by the User's content or due to a violation of the law by the User. This shall not apply if and to the extent that the User is not responsible for the infringement of the rights of third parties.
9.2	The User shall also be obligated to reimburse FVA for all costs incurred as a result of the infringement, in particular the costs of reasonable legal defense, including court and attorney's fees. This shall not apply if and to the extent that the User is not responsible for the infringement.
10	Data Protection
	FVA complies with the applicable data protection law when processing personal data. Information on data protection can be found under the Data Protection tab.
11	Right of Withdrawal
11.1	If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
11.2	If you exercise your right of withdrawal as a consumer, you must bear the regular costs of returning the goods.
11.3	In all other respects, the provisions set out in the withdrawal policy below shall apply to the right of withdrawal.
12	Final Provisions
12.1	FVA reserves the right to amend these Terms of Use at any time, including within the existing contractual relationship. The User shall be notified of such changes at least 30 calendar days before the planned entry into force of the changes, highlighting the changes. If the user does not object to the amendment within 30 days, the amendments shall be deemed to have been effectively agreed. In the event of an objection, the contractual relationship shall end at the conclusion of the next possible termination date without the need for a separate notice of termination. In the notification of the change, the user shall be informed of his right to object and of the consequences.
12.2	Should any provision of this license agreement be invalid, unenforceable or incomplete, the remainder of the license agreement shall remain valid. The invalid or unenforceable provision or the omission shall be replaced by the statutory provisions.
12.3	This License Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.4	If the User is an entrepreneur pursuant to Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this license agreement shall be Frankfurt am Main, Germany.

WITHDRAWAL POLICY

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without providing any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform FVA GmbH, Lyoner Str. 18, 60528 Frankfurt am Main, +49 69 6603-1663, info@fva-service.de of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

END OF WITHDRAWAL POLICY

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To FVA GmbH, Lyoner Str. 18, 60528 Frankfurt am Main, Germany, info@fva-service.de:

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notifications on paper)

Date

__________

(*) Delete as appropriate.

Privacy Notice

2024-01-29 (Version 1.0)

Thank you for using our „Wireless Communications Guide“ software. The protection of your personal data, such as date of birth, name, telephone number, address, etc., is important to us. The purpose of this privacy policy is to inform you about the processing of personal data that we collect from you when you use the software. Our data protection practices comply with the statutory provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The following privacy policy serves to fulfill the information obligations arising from the GDPR. These can be found, for example, in Art. 13 and Art. 14 ff. GDPR.

Responsible Entity

Within the scope of Art. 4 No. 7 GDPR, the responsible entity is the person who alone or jointly with others determines the purposes and means of the processing of personal data.

With regard to our software, the responsible entity is:

FVA GmbH
Lyoner Straße 18
60528 Frankfurt/Main
Germany
E-mail: info(at)fva-service.de

Contact Details for Data Protection Officer

We have appointed a data protection officer in accordance with Art. 37 GDPR. You can reach our data protection officer using the following contact information:

Scheja und Partner Rechtsanwälte mbB
Adenauerallee 136
53113 Bonn
Germany
Telephone: +49 228 22 72 26-0
E-mail: info(at)scheja-partner.de

Legal Basis, Purposes, and Duration of Data Processing

The following section includes information about the legal basis and purposes of data processing in connection with the use of our „Wireless Communications Guide“ software.

3.1

Creation of Log Files

Each time our software is accessed via the Internet, our system automatically collects data and information from the respective accessing device (e.g.; computer, cell phone, tablet, etc.) which may contain the following personal data:

Information about the browser type and version used;
The operating system of the accessing device;
Host name of the accessing computer;
The IP address of the accessing device;
Date and time of access;
Websites and resources (images, files, other page content) that were accessed on our website;
Websites from which the user's system came to our website (referrer tracking);
Notification of whether the retrieval was successful;
Amount of data transferred.

This data is stored in the log files of our system. This data is not stored together with the personal data of a specific user, so that individual site visitors cannot be identified.

The temporary (automated) storage of this data is necessary for the duration of a website visit in order to enable the website to be accessed. Personal data is also stored and processed to maintain the compatibility of our website for as many visitors as possible, to combat misuse, and for troubleshooting. It is necessary to log the technical data of the accessing computer in order to be able to react as early as possible to display errors, attacks on our IT systems, and/or errors in the functionality of our website. We also use the data to optimize the website and to ensure the general security of our IT systems.

The legal basis for processing is Art. 6 para. 1 f) GDPR (legitimate interest). Our legitimate interest is to ensure the achievement of the purpose described below.

The aforementioned technical data will be deleted as soon as it is no longer needed to ensure the compatibility of the website for all visitors, but no later than 30 days after accessing our website.

3.2

Special Functions of the Website

We offer various functions that collect, process, and store personal data when they are used. The following explains how your information is used:

3.2.1

Provision of the Software and Login Area

You have the option of using our login area to access the software we provide. You must enter your login data in the corresponding form so that we can check your authorization to use the protected area or the protected software. It is not possible to use the content protected by the login area without entering personal data. We will process the registration and login data you enter to fulfill the purpose stated below. The personal data collected are: first and last name, e-mail address and telephone number, your organization, job title, and industry sector.

The legal basis for processing is Art. 6 para. 1 b) GDPR (implementation of (pre)contractual measures) as well as Art. 6 para. 1 f) GDPR, insofar as you voluntarily provide us with additional information as part of your registration which we need for communication with you and to provide targeted information.

The data collected will be stored for as long as you actively maintain a user account with us. If you have not actively used your account for two years, we will also delete your data.

3.2.2

Newsletter

You have the option of registering for our newsletter on our website. When you register for our newsletter, we process your first and last name and your e-mail address. When you register for our newsletter, we will send you a confirmation link to the e-mail address you have provided. You will only receive our newsletter after you have activated this link (double opt-in). The data is processed for the purpose of sending the newsletter. The legal basis for the processing is your consent in accordance with Article 6(1)(a) GDPR.

In order to comply with our burden of proof obligations, we will retain the documentation of your consent for three years from the end of the year in which you revoked your consent, even after your revocation. The legal basis for this processing is Art. 6 para. 1 c) in conjunction with Art. 5 para. 1 a), para. 2, Art. 7 para. 1 GDPR and Art. 6 para. 1 f) GDPR. Otherwise, your data will be stored for as long as the subscription to the newsletter is active. It will be deleted as soon as it is no longer required to achieve the intended purpose or as soon as you have withdrawn your consent.

3.2.3

We use cookies in order to be able to offer a comprehensive range of functions. Cookies are small text files that are generated by a web server and stored on your computer during your online visit via your web browser. We use so-called „session cookies“, which are automatically deleted at the end of your browser session. These cookies are essential and enable basic functions that are necessary for the proper functioning of the website. These purposes represent our legitimate interest in data processing in accordance with Art. 6 para. 1 1 f) GDPR, the provision of the service is based on § 25 para. 2 no. 2 TTDSG.

Name	Used by third parties	Data category	Description	Transfer to third country (yes/no)	How long is the functional duration of the cookie?
refreshToken	NO	Technically necessary cookie	This cookie is used to maintain a user session. It enables the execution of multiple asynchronous server requests without recurring manual user authentication.	NO	User session (expires when you execute the logout function) or automatically after 4 days.

You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

Fulfillment of Legal Obligations

Your data may also be processed on the basis of Article 6(1)(c) GDPR if we are obliged to process your data due to a legal obligation. Such obligations may arise, for example, from commercial, tax, money laundering and financial law. The purpose of the processing results from the respective legal obligation; the processing generally serves the purpose of complying with statutory state inspection and information requirements.

In this case, your data will be deleted after the corresponding legal obligation ceases to apply, unless another legal basis prescribes and/or legitimizes continued processing. If the latter applies, we will delete your data when this other legal basis no longer applies.

Recipients

Internally, only those persons who require it for the purposes described in this declaration have access to your data.

Your personal data will only be provided to external recipients if this is necessary for the processing or handling of your request, if another legal permission exists, or if we have your consent to do so. External recipients may be:

Processors that we use to provide services.
Public authorities: Authorities and state institutions, such as public prosecutors, courts, or tax authorities, to which we may transfer personal data in individual cases, if and insofar as there is a legal basis for this in individual cases, in particular an obligation.

Transfers to Third Countries

In some cases, your data will be transferred to another body whose registered office or place of data processing is not located in a member state of the European Union or in another state party to the Agreement on the European Economic Area.

If there is no adequacy decision by the European Commission for the third country, we work towards an adequate level of data protection for the transfer of personal data outside the EEA by concluding appropriate agreements with the recipients, which are regularly concluded on the basis of the EU standard contractual clauses, before the data is transferred.

Your Rights as a Data Subject

As a data subject, you have the following rights under the General Data Protection Regulation (GDPR), provided that the relevant legal requirements are met:

Right to Information

You have the right to obtain information about the personal data we process about you.

Right to Rectification

In accordance with Art. 16 GDPR, you have the right to request the rectification of inaccurate personal information. You can also request the completion of incomplete data.

Right to Deletion

In certain cases, you can request the deletion of your personal data.

Right to Restriction of Processing

In certain cases, you can request that we restrict the processing of your data.

Right to Data Portability

If you have provided us with data on the basis of a contract or consent, you may request that you receive the data you have provided in a structured, commonly used, and machine-readable format or that we transmit it to another party.

Right of Revocation

If you have given us your express consent to the processing of your personal data (Art. 6 para. 1 a) GDPR or Art. 9 para. 2 a) GDPR), you can revoke this consent at any time with future effect. Please note that this does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

g)	Right to Object
	You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data which is based on Art. 6 (1) (e) GDPR or Art. 6 (f) GDPR, including profiling based on those provisions. We will then no longer process this personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.
	In individual cases, we process your data for direct marketing purposes. You have the right to object at any time to the processing of your personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data which is based on Art. 6 (1) (e) GDPR or Art. 6 (f) GDPR, including profiling based on those provisions. We will then no longer process this personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.

In individual cases, we process your data for direct marketing purposes. You have the right to object at any time to the processing of your personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

h)	How to Exercise Your Rights
	You can exercise your rights at any time by contacting us using the contact details above. Please ensure that we are able to clearly identify you.
i)	Right to Lodge a Complaint with the Supervisory Authority Pursuant to Art. 77 Para. 1 GDPR
	You have the right to lodge a complaint with a data protection supervisory authority, in particular in the Member State of your usual residence, place of work, or place of the alleged infringement, if you allege that the processing of your personal data is unlawful.
	You have the right to lodge a complaint in the EU Member State of your usual place of residence, your place of work, and/or the place of the alleged infringement; i.e., you can choose the supervisory authority from the places listed above.