Validity of the Terms of Use
These Terms of Use, which are subject to change from time to time, apply to all of our services provided directly or indirectly (i.e. through third parties) via the Internet, any type of mobile device or by email. By accessing our (mobile) website and using our applications, regardless of the platform (hereinafter referred to as the “Platform”), you confirm that you have read, understood and agreed to the Terms and Conditions set out below - including the Privacy Policy agree.
Conclusion of the user contract
By downloading and/or installing and/or web-based use of the software, the user agrees to these general terms and conditions and accepts them as binding without restriction. The user concludes the contract for the use of the services of the MONA app with Neyer Landtechnik GmbH, Rossberger Straße 50, 88339 Bad Waldsee, Germany.
Type and scope of the app
With the MONA app (hereinafter “app”), MONA The Machine provides the user with a solution for communication with the manufacturer as well as with qualified dealers and workshops (hereinafter “provider”).
The app offers the user the opportunity to find out about the respective provider and to get in touch with them. Based on the information provided by the provider, the user can send a message, photos or videos directly from the app.
The contact options contain functions that enable the user to request a workshop appointment for regular service, retrofits or repairs from a provider, to order spare parts and accessories or to send free text messages. If you have any questions about a request, the provider has the option of contacting the user via a chat function, by telephone or by email.
For all information and communication functions, the scope of the functions offered is determined by the respective provider themselves. MONA The Machine has no influence on this.
In addition to the basic functions mentioned above, the app offers authorized users with the “Admin” profile to add additional users to a machine with the same serial number. The invited user receives an invitation via email from one of the admins.
Freedom from fees
MONA The Machine provides its services to the app user free of charge.
Ordering accessories and spare parts within the app via the web shop is subject to a charge and requires a separate contract between MONA The Machine and the respective user.
Query and change of personal data by the user
MONA The Machine stores the user's personal data. All data provided by the user is stored on their own system under the profile and in a database designed for the functions of the app. If the user would like to have their requests and the personal data sent with them deleted, they must contact MONA The Machine and/or the provider and request deletion.
Providers who wish to delete their profile in the app can achieve this by terminating the dealer contract or service contract concluded with MONA The Machine.
data protection
To use the app, you must enter personal data that clearly identifies the user to the provider. When you make an appointment or other request to a provider, this data is transmitted to the recipient and stored there.
Further information on data protection can be found here:
https://monathemachine.com/policies/privacy-policy
Permitted Use
This website may only be used for the following purposes: (1.) displaying this website, (2.) checking information about the services offered, (3.) contacting the user with a provider and (4.) using other functions that be made available on this website. Any other use of this website without the prior written consent of MONA The Machine is prohibited. The reproduction, editing, distribution, public display or any other form of use of the contents of this website for commercial purposes is not permitted. The use of automated systems or automated software to extract content from this website is also prohibited. Any access to content on the website that does not take place via the website user interface is also prohibited. Without prejudice to the assertion of other rights, MONA The Machine reserves the right to block access to this website and the app at any time if these terms of use are violated.
Obligations of the user
To use the app, the user must enter the following data: last name, first name, company (optional), telephone number, email address, street and house number, postal code, city and country.
The user undertakes not to forward any content via the app that is unlawful, in particular racist, pornographic, offensive or defamatory, or that violates the rights of third parties, in particular copyrights or copyright usage rights.
The user is obliged not to bother anyone with attempts to communicate.
The user must refrain from any actions that are likely to impair the functionality of the app, in particular to place an excessive load on it.
The user assures that he or she has reached the age of 13.
The user undertakes to check digitally recorded information (images and digitized medication plans) for accuracy and, if necessary, correct it before sending it to the provider.
The user undertakes to provide truthful information about himself and to check his profile for accuracy at any time and to correct it if necessary.
The provider undertakes to treat his access data to the interface for processing user inquiries as strictly confidential and not to pass them on. This applies to the user name and password as well as to the individual key file for decrypting the requests.
Change in the scope of services
MONA The Machine reserves the right to change, expand, restrict or discontinue the services and solutions offered by MONA The Machine at any time in terms of content, graphics and/or functionality.
temporary availability
MONA The Machine will endeavor to offer the services and solutions offered as uninterrupted as possible. The user and the provider acknowledge that, even with all due care, MONA The Machine cannot technically guarantee uninterrupted availability of its services. In particular, MONA The Machine reserves the right to limit or temporarily suspend its services for maintenance, security or capacity reasons at MONA The Machine's discretion. MONA The Machine assumes no liability for interruptions or other disruptions.
Liability of MONA The Machine
MONA The Machine is only liable for damages that a user incurs as a result of a slightly negligent breach of duty attributable to MONA The Machine to the extent that the damage is foreseeable and typical for the type of service and was caused directly by the breach of duty. In particular, liability for data loss is limited to the typical restoration effort that would have occurred if backup copies had been made regularly and appropriately. If the obligation breached through slight negligence is not essential to achieving the purpose of the contract, MONA The Machine's liability is excluded.
The limitations of liability contained in the previous paragraph also include any claims of the user for reimbursement of expenses that he has made and was reasonably entitled to make in reliance on the receipt of a contractual service.
Intellectual property
All copyrights, in particular database rights, trademark rights, design rights and other intellectual property rights (as well as the arrangement and presentation of the website) belong to MONA The Machine or its licensors. You may not reproduce, edit, distribute, publicly reproduce or use the content of the website or the underlying software code in whole or in part without prior written consent.
Miscellaneous
MONA The Machine reserves the right to change these terms of use at any time without giving reasons, unless this is unreasonable for the user. MONA The Machine will notify the user in a timely manner about changes to the terms of use. If the user does not object to the validity of the new terms of use within six (6) weeks of notification, the changed terms of use are deemed to have been accepted by the user. In the notification, MONA The Machine will inform the user of their right to object and the importance of the objection period.
Unless otherwise agreed, the user can send all declarations to MONA The Machine by email or by letter to MONA The Machine. MONA The Machine may send statements to the User by email or letter to the addresses that the User has provided as current contact details in their account.
If individual provisions of these terms of use are or become ineffective, this will not affect the effectiveness of the remaining provisions.
The place of performance and place of jurisdiction is the registered office of MONA The Machine.
German law applies.
As of: November 2023
