Legal Notice
Terms and Conditions of Use
for
Munich Re Online Services
Munich Re offers a range of various types of information and services provided over the internet (“Online Services”). These Terms and Conditions of Use for Munich Re online services („Online Service Terms“) contain general provision that apply to your use of the Online Services provided by Munich Re.
1. Online Services
Munich Re provides the Online Services subject to their operational availability. The availability and functionality may vary from country to country.
The use of certain Online Services requires the acceptance of additional license terms (“License Agreement”). The License Agreement sets out the special conditions for the use of the Online Services concerned, e.g. service specifications and remuneration payable.
You are entitled to use the Online Services and their contents in accordance with these Online Service Terms and, where applicable, as agreed in the License Agreement. You undertake to obtain any licenses that may be required for your use of the Online Services.
Munich Re provides the Online Services via web application, mobile app, application programming interface (API) or other suitable manner. You are responsible to meet all technical prerequisites that are necessary for your access to and the contractual use of the Online Services.
Munich Re may make reasonable changes and improvements with regard to the Online Services from time to time. With regard to Online Services provided free of charge, Munich Re may at its sole discretion determine, amend or delete contents, or restrict or terminate the access at any time.
2. Rights of use
The Online Services and their contents are protected. All rights, title and interest in and to the Online Services, including without limitation any and all system performance data, system usage data, machine learning, evolving algorithms and models, with the exception of rights relating to certain third-party content, are vested exclusively in Munich Re. Munich Re brands or logos may not be used without prior written consent.
Munich Re grants you a non-exclusive and non-transferable right to use the Online Services for the agreed license term subject to and conditioned upon your continued compliance with the applicable Licence Agreement and these Online Service Terms. Unless otherwise agreed in writing, the Online Services may be used solely for your own purposes.
As between you and Munich Re, you retain all right, title and interest in your data which you upload to the Online Services. Subject to Section 8 (Confidentiality), you grant Munich Re a non-exclusive license to process the uploaded data during and after the agreed term, in particular to incorporate them into algorithms and models. You acknowledge and agree that the Online Services are continually evolving through the access to the uploaded data and other licensed or publicly available information. No jointly owned intellectual property is created under or in connection with your use of the Online Services and any learnings that results from access to the uploaded data cannot be undone as it is neither determinable nor deletable.
The use of the Online Services is only allowed to the extent permitted by the laws applicable at the place of use (“Local Law”). Munich Re is entitled to restrict or terminate the Online Services in any country in which Local Law, competent authorities or a court of law restricts or prohibits the provision or use.
3. Data retention
During the license term, you can access your data uploaded to the Online Services. Following termination of the license, Munich Re will retain your data uploaded to the Online Services for at least 30 days with restricted functionality to enable you to extract the data. Unless otherwise agreed in writing, the data can be deleted in accordance with existing routines when the 30-day period has expired.
Depending on the function of the particular Online Service, no support, or only limited support, will be provided for the retention and extraction of data.
However, Munich Re may store communications between you and the Online Service after termination of the license provided that you do not have objected to such storage.
4. Restrictions, your obligations
Except in accordance with the applicable Licence Agreement and these Online Service Terms you must not (i) sublicense, sell, transfer, assign, distribute or otherwise commercially exploit the Online Services, (ii) modify or create derivative works based on the Online Services, (iii) create internet links to the Online Services or frame or mirror any content provided in connection therewith, or (iv) reverse engineer or access Online Services in order to build a product using features, functions or graphics similar to Online Services.
You must comply with all laws and regulations applicable to your use of the Online Services, in particular you have to take and maintain all necessary data-protection and security measures. It is your responsibility to respond to enquiries from third parties required under laws or regulations relating to the use of the Online Services.
You have to use the most recent available versions of the Online Services at all times. Once a new version becomes available, previous versions might no longer be supported.
If you use content provided by the Online Services, you are responsible for checking the content used. You must ensure that any content of the Online Services you use is not used by any third parties for their purposes.
You bear the sole responsibility for any analyses and evaluations produced or used, or decisions taken, on the basis of your use of the Online Services.
You must ensure that your use of the Online Services is not illegal or improper, in particular does not infringe any rights of third parties and you assume liability for any data you have uploaded. You undertake to hold Munich Re harmless with regard to any third-party claims in this respect.
Neither you nor any persons authorised to access the Online Service by you may use the Online Service in such a way as to
cause violation of laws, regulations or orders issued by authorities,
permit unauthorised access to or disruption of services, equipment, data, accounts or networks,
spread spam or malware,
damage the Online Service, or impair its use by other users.
5. Rights in respect of defects
In making use of the Online Services, you acknowledge that it is technically not possible to develop complex software products that are completely free of technical defects. Consequently, there is no presumption in any agreement concluded between Munich Re and you that the Online Services may contain no errors whatsoever, but only that the Online Services will have no errors (bugs) that affect the usability more than insignificantly.
Munich Re will remedy any defects reported by you as soon as possible. Munich Re is entitled, at its own discretion, either to remedy the defect, or to supply new Online Services free from defects or, if the defect relates to work done, to carry out the work again without defect.
Rectification may be performed by supply of a new version. You undertake to support Munich Re in rectification by supplying all necessary information and documents, and providing all other reasonable assistance.
Liability for defects in Online Services provided free of charge and as well as liability for the correctness, freedom from error, absence of property rights and copyrights of third parties, and completeness and usability of the content made available in the Online Services is excluded unless Munich Re has acted wilfully or has concealed a defect with intention to deceive.
Furthermore, Munich Re is not liable for claims based on the use of or access to the Online Services by unauthorised persons, or in a manner not in accordance with the terms of the Licence Agreement and these Online Service Terms or on combination with products, data or processes not supplied by Munich Re.
6. Liability
Munich Re assumes no liable for any use of the Online Services that is not in compliance with these Online Service Terms. Nor assumes Munich Re liability for results achieved through the use of the Online Services and/or its content, or for further use of the results therefrom. The same applies for content supplied by third parties.
Except as otherwise agreed in the respective License Agreement, Munich Re´s liability in contract, tort and otherwise is always as follows: In cases of intent, liability extends to the full loss. In cases of gross negligence, liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care. In other cases Munich Re is not liable except for breach of a major obligation (Kardinalpflicht). A breach of a major obligation in the meaning of this clause 6.2 is assumed where the duty itself is a necessary prerequisite for the contractual performance, or where the breach of the relevant duty jeopardizes the purpose of the contract and where the aggrieved party could legitimately rely upon its fulfilment. Contributory fault may be claimed.
Liability for damages resulting from the use of the Online Services made available for evaluation purposes on a test basis is excluded.
7. Term and termination, suspension
The term for the use of Online Services is determined by the provisions of the Licence Agreement.
Unless otherwise agreed in the License Agreement, any Online Service can be terminated with 14 days’ notice.
The right of termination for good cause shall remain unaffected.
In the event of material violation of any of the provisions of Sections 3, 5, 9 or 10, Munich Re has the right to suspend access to the Online Services for the duration of the period of non-compliance having taken due account of your interests and with appropriate notice.
8. Confidentiality
Munich Re will treat confidentially all information exchanged in relation to or uploaded to the Online Services.
You undertake to treat confidentially the Online Services you use, in particular the content to which you have access, together with results, experience, documents, access information, information on registration and all other information relating to the Online Services. The sharing of content of or information relating to the Online Services with third parties is not permitted without prior written consent of Munich Re.
The obligation to maintain confidentiality does not apply where confidential information is or becomes generally known without any violation of these Online Service Terms.
The obligation to maintain confidentiality remains unaffected by any termination of the Licence Agreement or use.
9. Data protection and data security
Munich Re will comply with the data-protection and data-security regulations applicable at the location of its head office. In order to permit access to, technical operation of, and use of the Online Services, Munich Re will collect, process and use your personal data to the extent necessary. The details of collection and use of your data are set out in the Licence Agreement or a separate data protection agreement.
You must comply with any national and international data-protection regulations that apply to you. You shall hold Munich Re harmless from asserted and/or existing claims of third parties in connection with violations of data protection regulations on your part or any party authorised by you.
You acknowledge to be aware of the risks of the unencrypted transmission via the internet of content relating to business or personal data. Munich Re may at its sole discretion introduce appropriate encryption mechanisms and procedures, which may then be prerequisites for access to the Online Services.
10. Administration of Agreement
For the systematic use of the Online Services, you shall designate an authorised administrator as the contact person for all matters relating to the relevant Online Service and provide contact details (email, telephone number, etc.) for this person.
Munich Re may provide you with information and communications concerning the Online Services electronically, including by email, via application, or via a website to be specified by Munich Re. A message shall be deemed to have been delivered on the date on which it was made available by Munich Re.
11. Final Provisions
Any rights and obligations arising out of these Online Service Terms may only be transferred to a third party with the prior written consent of Munich Re.
Any supplementary agreements shall be valid only if concluded in writing.
Munich Re is entitled, as it sees fit, to amend the Online Service Terms as appropriate and will notify you of any changes to the Online Service Terms when you next log in.
Should one or more provisions of the Online Service Terms be deemed legally invalid, this shall not affect the validity of the remaining provisions. Any invalid provision is to be replaced with an effective one that comes as close as possible to fulfilling the purpose of the invalid provision.
The location of Munich Re’s registered office is the place of performance for the services provided by Munich Re in connection with the Online Services. The place of jurisdiction for any dispute concerning the use of the Online Services is Munich.
This Online Service Terms and all agreements concluded in connection with the Online Services shall be subject to the laws of Germany governing domestic transactions. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply.
Münchener Rückversicherungs-Gesellschaft
Aktiengesellschaft in München
Königinstrasse 107
80802 München, Germany
Chairman of the Board of Management: Dr. Joachim Wenning
Commercial Register Munich, No. HRB 42039
VAT ID: DE 129274139
Contact: connect@munichre.com