The MQuant® StripScan Analytical System for water analysis in non-GxP areas consists of (i) the MQuant® StripScan App, (ii) the MQuant® StripScan Web application, (iii) the MQuant® or MColorpHast® test strips and (iv) the MQuant® StripScan Color Reference Card.
The MQuant® StripScan Web application and the MQuant® StripScan App (collectively "MQuant® StripScan Apps") can be used to read out the MQuant® or MColorpHast® test strips and provide the digital result value by comparing the colors with the MQuant® StripScan Color Reference Card.
The MQuant® StripScan Apps are provided and operated by Merck KGaA, Frankfurter Strasse 250, 64293 Darmstadt, Germany, tel.: +49 6151 72-0, fax: +49 6151 72-2000, e-mail address: email@example.com ("Merck"; "we"; "us"; "our").
2. Use of the MQuant® StripScan Apps
2.1. The MQuant® StripScan Apps are not directed to any person in any jurisdiction where (by reason of that persons nationality, residence or otherwise) the publication or availability of the MQuant® StripScan Apps is prohibited. Persons in respect of whom such prohibitions apply must not access the MQuant® StripScan Apps.
2.2. The MQuant® StripScan Apps may only be used by entrepreneurs (i.e. not by consumers).
2.3. The MQuant® StripScan App is intended to produce reliable results only when used with MQuant® or MColorpHast® test strips in combination with the corresponding MQuant® StripScan Color Reference Cards according to instructions.
2.4. The use of other product lines or test strips from other manufacturers will lead to false readout results or the failure of the algorithm to read out at all. Also, the use of photocopied, damaged, or otherwise manipulated MQuant® StripScan Color Reference Cards will lead to incorrect results.
3. Registration / Sign-in Procedure
3.1. The MQuant® StripScan App can be used without registration.
3.2. In order to use the MQuant® StripScan Web application (providing for improved data analysis, data export functions and plotting features as well as a basic replenishment functionality) a user must register on the MQuant® StripScan Web website www.mquant-stripscan.com ("MQuant® StripScan Website") or in the MQuant® StripScan App.
3.3. For successful registration a valid e-mail address, password and password confirmation are required. The registration form asks for further personal data the user can optionally enter. For information regarding the related data collected and the processing thereof please refer to our Data Privacy Declaration.
3.4. After successful registration the data in the MQuant® StripScan App are synchronized with the MQuant® StripScan Web application and can be easily further processed. In addition, the user profile in the MQuant® StripScan App is updated with the login data and the e-mail address.
3.5. The actual registration is triggered by clicking on the "Sign Up" button after entering the required information. Thereupon the respective user receives an e-mail with a validation link which must be followed to confirm the registration.
3.7. The MQuant® StripScan Apps are available for use in English language.
3.8. All agreements between Merck and the user are concluded in English language. After the conclusion of the respective agreement the text of the agreement will be stored by us but will no longer be accessible to the user.
4. Sign-off of Procedure / Deletion of Accounts
4.1. The user can delete his/her account in the user menu of the MQuant® StripScan Web application. The dialog for deleting the account has several steps, making sure the user deliberately deletes his/her account. The user will receive a warning that once his/her account is deleted, it cannot be retrieved and the data is lost. To finally acknowledge the account deletion, the user has to type in the word "DELETE".
4.2. After sign-off the user can no longer access the MQuant® StripScan Web application and the data are no longer synchronized between the MQuant® StripScan App and the MQuant® StripScan Web application.
4.3. Signed-off users can sign-in again following the same sign-in process as described above. The data of the former account are not and cannot be transferred to the current account.
5. User Obligations
5.1. The user is obligated to provide truthful information when registering on the MQuant® StripScan Website and to notify us without undue delay about all changes to the information requested in the course of the registration. Login data (including passwords) must be protected by the user against disclosure to third parties and must in such an event be replaced with other login data (in particular safe passwords) without undue delay.
5.2. In case untruthful information are provided in the course of the registration or where the user fails to notify changes, the user can be excluded from the MQuant® StripScan Web application with immediate effect upon reasonable notice. The users right to use the MQuant® StripScan Apps ceases with the exclusion.
5.3. Apart from that, users are obligated to comply with applicable law and rights of third parties when using the MQuant® StripScan Apps and the contents of the MQuant® StripScan Apps.
6. Testing Versions
6.1. The MQuant® StripScan Apps are continuously developed based on user feedback. Versions published for testing purposes are labelled as such and primarily intended for gathering user feedback ("Testing Versions"). Testing Versions may not have the full scope of functionality the former or next released version had. The Testing Versions may also contain bugs or not fully implemented features.
6.2. Merck does not take the responsibility for any direct or indirect damages, losses or other detrimental consequences resulting from the use of Testing Versions.
6.3. Merck does not guarantee the transfer of the data gathered in the testing version to a release version.
Merck does not charge any fees for the registration to and use of the MQuant® StripScan Apps.
8. Warranty Rights, Liability and Backup
8.1. The information and opinions contained in the MQuant® StripScan Apps, including hyperlinks or references to other sites, are provided "as is" without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. Merck does not warrant the adequacy, accuracy, reliability or completeness of any information on the MQuant® StripScan Apps and expressly disclaims any liability for errors or omissions therein. Merck further assumes no responsibility for, and makes no warranties that, functions contained in the MQuant® StripScan Apps will be uninterrupted or error-free, that defects will be corrected, or that the MQuant® StripScan Apps or the servers that make it available will be free of viruses or other harmful components.
8.2. The MQuant® StripScan Apps may contain bugs that could affect the results and other data as well as the functionality of the software. The user cannot claim financial compensation payment or other compensation in those cases. The user can notify Merck of bugs using the feedback options in the MQuant® StripScan Apps, which are then collected by Merck and fixed in an appropriate time depending on their impact, their severability, and the number of users who have notified such bug.
8.3. The MQuant® StripScan Web application may not be available due to technical reasons, such as rollout of new versions, maintenance operations, server shutdown, etc. In those cases, the user cannot work with the MQuant® StripScan Web application and data are not synchronized between the MQuant® StripScan App and the MQuant® StripScan Web application without prior notification. Merck shall not be responsible for any consequences, such as data loss or damage resulting from these events. Merck does not guarantee a specific availability of the MQuant® StripScan Apps in any way, e.g. period in hours or a percentage of annual availability.
8.4. Our liability for defects in quality and title with regard to the MQuant® StripScan Apps shall be limited to liability for fraudulently concealed defects.
8.5. In addition to that, we shall only be liable for intent or gross negligence. This shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz).
8.6. The user shall take adequate measures to avert and reduce damages. In particular, the user must regularly create backup copies of data processed over the MQuant® StripScan Apps. Non-compliance with these obligations is deemed as contributory responsibility.
9. Intellectual Property Rights
9.1. The entire content of the MQuant® StripScan Apps is the property of Merck, its direct or indirect subsidiaries (hereinafter referred to collectively as "Merck Group") or third parties and is protected by applicable copyright law with all rights reserved. All rights in the MQuant® StripScan Apps, site content and arrangement are owned by the Merck Group and its licensors. The user must not sell, distribute, publish, broadcast, circulate or commercially exploit MQuant® StripScan Apps information in any manner without our express written consent. Any downloading or otherwise copying from the MQuant® StripScan Apps will not transfer title to any software or material to the user. The user may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the MQuant® StripScan Apps or any of their content for any public or commercial purpose without our prior permission.
10. Data Protection
We abide by our Data Privacy Declaration.
11. Term, Termination
11.1. In case the user registers on the MQuant® StripScan Apps, the agreement of use commences with the users registration and has an unlimited term. The agreement can be terminated by either party with a notice period of 2 weeks to the end of a calendar month. Either partys right for termination for good cause remains unaffected.
11.2. If a user asks for deletion of his/her account or his/her profile this will be deemed a termination declaration with regard to the use of the MQuant® StripScan Apps. In case of a termination the registration including the user profile will be extinguished and the user looses the right to use the MQuant® StripScan Apps.
a) provides wrong details at registration, and/or
b) discloses access data, in particular the password, without being authorized to do so.
12.1. Newer versions of the MQuant® StripScan Apps may no longer provide the full functions from the former versions. Merck reserves the rights to change, add, delete new functions at any time without notice.
12.3. If the user object, we reserve the right to terminate the agreement in accordance with Sec. 11.2 above. In such case the user must immediately stop using the MQuant® StripScan Apps.
13.2. Deviating, conflicting or supplementing terms and conditions of the user shall only become part of the agreement if explicitly accepted by us in writing. Our mere knowledge of the users terms and conditions does not make them part of the agreement.
13.3. Any amendments and additions to the agreement of use as well as notifications necessary for its execution require text form to be effective. The text form requirement can only be overruled in text form.
14. Applicable Law and Jurisdiction
14.1. German law shall apply under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2. Provided the user is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Darmstadt. The same applies if the place of general jurisdiction of the user is not in Germany or the users residence or habitual domicile is moved abroad after the agreement is concluded or his residence or habitual domicile is unknown when proceedings are instituted. Arbitration proceedings are excluded.
15. Customer Service / Complaints
15.1. Users may use the contact details set out in the Preamble above in case of questions or complaints.
15.2. Beyond that, Merck does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.