Terms

1. Provider and scope

Your contracting party is Mark Mager, trading as Mager-Digital, Berghauser Str. 65a, 42349 Wuppertal, Germany, email: anfrage@mager-digital.de, telephone: 0202 759 55 191. TransmitData is the name of our service.

These terms apply to contracts with consumers and businesses to the extent that they have been validly incorporated when the contract is concluded. Individual agreements take precedence. Publishing these terms alone does not change existing contracts. A consumer acts predominantly for purposes outside their trade, business or independent professional activity.

2. Contract and scope of services

TransmitData records, stores and visualises transmitted sensor data. Depending on the agreement, this includes historical readings, maps, notifications, interfaces, shared sensor pages, and occupancy displays and analyses for parking areas. Hardware supply, installation, maintenance, wireless connectivity and specific availability commitments are owed only where agreed.

A free user account is established when we confirm or activate the registration. A paid contract or hardware purchase arises only from a separate offer and its acceptance. Registration, a sensor enquiry or a model’s inclusion in the sensor library does not in itself create any payment obligation. The offer and order confirmation specify, in particular, the equipment, price, scope of delivery and start of service.

Library entries and manufacturer information do not replace verification of the particular device variant, firmware and payload. Support, setup and approval of a sensor must be clarified for the intended use. Data labelled as a test, preview or demo are not actual readings.

3. Operation, wireless coverage and customer responsibilities

Receiving data requires suitable sensors, sufficient power, appropriate configuration and available transmission paths. LoRaWAN and Helium require reachable, compatible gateways at the installation site; universal coverage is not promised. Network operators, internet connections and push services may delay or interrupt reception or delivery.

Customers protect login credentials, device keys and sharing links, keep their contact details up to date and report identifiable faults. Where the respective task is their responsibility, they arrange proper installation, maintenance, battery replacement, calibration and correct assignment of sensors and locations. Our agreed obligations remain in place.

Maintenance and security measures may cause temporary restrictions. Where possible, we announce foreseeable significant interruptions in good time. Unless separately agreed, there is no specific percentage availability or real-time guarantee; the obligation to provide the agreed service and statutory rights concerning defects remain unaffected.

4. Readings, warnings and flooding

In its standard configuration, TransmitData is not a safety-critical alarm, emergency call or disaster warning system. Readings and notifications provide supplementary information. They must not be the sole basis for measures to protect people, animals, buildings or other significant property.

Measurement errors, drift, contamination, unsuitable installation, environmental effects, battery failure, gaps in wireless coverage, processing errors and delayed transmission may result in incorrect or missing readings. The absence of a warning does not mean that there is no danger. Timestamps and reception status must be considered when assessing readings; even a recent reading is not proof that it is error-free.

In particular, during flooding, inundation or leaks, water levels may be displayed incorrectly and threshold notifications may arrive late or not at all. Distance measurements can only be interpreted as water levels with an appropriate reference and conversion. Official warnings, local observation and suitable independent protection and warning systems remain necessary. If danger is apparent, action must be taken independently of the display.

Automatic control of pumps, barriers or other equipment through interfaces requires an independent assessment, suitable safety measures and independent safeguards. The standard service is not a sole safety device for this purpose. These limitations of use are not a blanket exclusion of our responsibility; section 9 applies to damages.

5. Parking sensors and occupancy data

Parking sensors and the platform support the detection and display of occupancy of parking spaces and pitches. The display is based on the most recently received and processed sensor reports and, where applicable, supplementary information from the operator. It provides guidance on reported occupancy and is not a binding commitment that a space is actually available.

Occupancy data may be delayed, incomplete or incorrect. Discrepancies may arise, in particular, from vehicle design or position, nearby objects, installation, environmental conditions, sensor or processing faults, power failure, and transmission interruptions or delays. Occupancy can change at any time between detection, transmission, display and arrival. Even a recent timestamp does not prove that a measurement is error-free. Missing, outdated or unknown data must not be understood as confirmation that a space is free.

Displaying a free space neither reserves it nor grants a right to park or use it. It does not guarantee that a space is actually free, accessible or suitable for a particular vehicle at the time of display or arrival. Occupancy measurement alone does not determine reservations, closures, opening hours, size restrictions or other conditions of use. Local signage, traffic rules and the operator’s lawful requirements remain authoritative. Any separately agreed booking or reservation and its conditions remain unaffected.

Historical occupancy, typical usage times and aggregate information for areas, sections or rows are analyses of the underlying data. They do not constitute a commitment regarding future occupancy, demand, visitor numbers or profitability.

The parking area operator is responsible for lawful use and setup of the area, necessary permits, signage and traffic safety unless we have expressly assumed those duties. Where the operator is responsible for maintaining space numbers, sensor assignments, closures or other operator information, they must keep it correct and current and report identifiable errors. Sensor occupancy alone, without further verification, is not a sufficient basis for sanctions against individuals, fee claims or towing decisions.

Data are provided to data partners or parking apps only within the agreed scope and with appropriate authorisation. Purpose, data scope, usage rights, recipients and any remuneration are specified separately. Sharing occupancy counts does not automatically include site plans or historical analyses. Data partners contractually authorised to display information must take transmitted measurement times and data quality information into account, must not present unknown or outdated states as currently confirmed free spaces, and must inform users that the display neither reserves a space nor guarantees availability. A user account does not give us blanket permission to sell customer data or share it publicly.

The preceding information describes the limitations of occupancy information. It does not remove our duties to provide the agreed service properly, expressly agreed characteristics or availability commitments, or statutory rights concerning defects. Whether and to what extent we are liable for damage caused by incorrect or delayed occupancy information is governed by section 9; this is not a blanket exclusion of liability for such damage.

6. Data, sharing and interfaces

Customers retain their rights to the content and data they provide. They grant us the usage rights required for the agreed provision, processing and backup. Third-party rights and statutory data protection obligations must be respected.

Sharing links, embedded pages and read keys grant their recipients access to the shared scope. Anyone who possesses a sharing link can pass it on. Revocation prevents further access through that access method but cannot retrieve copies already made. Location and personal information should only be shared with appropriate authorisation.

The privacy policy applies to the processing of personal data. If we process personal data on a customer’s behalf, a data processing agreement is required before that processing begins. These terms do not replace such an agreement.

7. Prices and payments

Only expressly agreed prices and payment terms apply. For consumers, total prices including applicable VAT and any additional costs are stated before the contract is concluded. A free service does not become chargeable without express agreement. These terms do not set tariffs, minimum purchases or automatic contract renewals.

8. Rights concerning defects and consumer rights

Statutory rights concerning defects apply to supplied goods and digital products. A manufacturer’s guarantee exists only where expressly given and applies in addition to statutory rights. Technical limitations of use do not remove agreed characteristics or statutory updating obligations.

Consumers’ statutory right of withdrawal remains unaffected. For distance contracts subject to withdrawal, we provide the withdrawal instructions and model withdrawal form required for the specific contract separately. Registration or acceptance of these terms does not waive a right of withdrawal.

9. Liability and limitations of liability

We are liable without limitation for intent and gross negligence, culpable injury to life, body or health, fraudulent concealment of a defect, and under mandatory statutory liability provisions, particularly the German Product Liability Act. Where a guarantee has been given, liability is governed by its terms.

In cases of ordinary negligence, we are liable for a breach of an essential contractual obligation. This means an obligation whose fulfilment is necessary for proper performance of the contract and on whose observance the customer may regularly rely. In this case, liability is limited to the damage typical of the contract and foreseeable when it was concluded. Otherwise, liability for damage caused by ordinary negligence is excluded. The cases specified in the preceding paragraph remain exempt from any limitation.

These rules also apply to damage connected with incorrect sensor readings, missing warnings, flooding or inaccurate parking displays. Such damage is not excluded categorically solely because of its cause. Mandatory claims, particularly under Article 82 GDPR, remain unaffected. The limitations apply correspondingly to our legal representatives and persons employed in performing our obligations.

10. Term, termination and suspension

The term and termination conditions of paid services are set out in the relevant contract. A customer may terminate a free user account of indefinite duration at any time in text form, for example by email to anfrage@mager-digital.de. Unless a different individual commitment exists, we may terminate such an account on four weeks’ notice. Existing commitments to permanent free use remain unaffected. Both parties retain the right to terminate for good cause.

In the event of specific security risks or serious legal infringements, we may temporarily suspend the affected access to the extent necessary. We take the customer’s interests into account, inform them where permitted and, for remediable breaches, generally provide an opportunity to remedy the issue unless immediate action is required.

Before the contract ends, customers should save required data using available export functions or request that it be provided. Statutory obligations to provide, retain or delete data remain in place. Details on retaining personal data are set out in the privacy policy.

11. Changes and applicable law

Changes to these terms do not become part of a contract merely through publication or silence. Required agreements and statutory information and consent requirements remain authoritative. Changes to digital products are subject to statutory conditions and customers’ rights.

German law applies. Consumers retain the protection of mandatory provisions of the law of the state of their habitual residence. No exclusive place of jurisdiction is agreed for consumers. If a provision is invalid, the statutory rules apply in its place.