Terms of use

Digitalwerk Store


  1. Digitalwerk Store
  2. Conclusion of Contract and user administration
  3. Use of the Digitalwerk Store
  4. Obligations of the Developer
  5. Requirements for the service provision to be met by the Developer
  6. Data protection
  7. Liability for defects and damage
  8. Term and termination
  9. Miscellaneous

The Digitalwerk Store, a Store for the distribution and download of software components based on the Automotive Data and Time-Triggered Framework ("ADTF"), ("Digitalwerk Store"), accessible at https://digitalwerk.store is provided to you by Digitalwerk GmbH, Im Gewerbepark C15, 93059 Regensburg, Germany ("Digitalwerk", "we" or "us"). Your use of the Digitalwerk Store is subject to these terms of use ("Terms of Use").

1. Digitalwerk Store

1.1 General

The Digitalwerk Store is a special platform for users to search for providers of ADTF components and plugins ("ADTF Software") and for developers to offer certain software. The Digitalwerk Store enables prospective users of ADTF Software to make an easy and quick pre-selection of ADTF Software offerings, in particular of ADTF versions; it helps to save time to find the right ADTF Software. Further, the Digitalwerk Store is set up so that data privacy and IT security are ensured.

1.2 Operation and content

The Digitalwerk Store is operated and made available by Digitalwerk. The content retrievable on the Digitalwerk Store is posted and provided by the Developers (as defined under section 2.1 of these Terms of Use). Digitalwerk merely provides the forms and functions required to offer the ADTF component software on the Digitalwerk Store. Digitalwerk does not have any influence on the completeness, accuracy or the other content of the provided information or content.

1.3 Contractual relationships

Digitalwerk is not a contractual partner of the user of Developer Content (as defined under sec-tion 4.2 of these Terms of Use). Digitalwerk procures (vermittelt) the usage agreement between such users and the Developer as a mere agent. Digitalwerk is not authorized to accept legal declarations (Willenserklärungen) that are to be made to the Developer. The use of the ADTF Software is subject to the general terms and conditions of the Developer. Therefore, users may have claims exclusively against the Developer for or in connection with the provision of the ADTF Software.

1.4 Digitalwerk does not owe success

Digitalwerk is neither obliged to provide an actual user of the Developer’s ADTF Software nor to provide prospective users to the relevant Developers.

2. Conclusion of Contract and user administration

2.1 Registration

By registering an account for the Digitalwerk Store and accepting these Terms of Use, you ("Developer" or "you") as a provider or developer of ADTF Software and Digitalwerk (each a "Party" and collectively the "Parties") conclude a contract for the free use of the Digitalwerk Store subject to the terms and conditions provided in these Terms of Use ("Contract"). Please do not use the Digitalwerk Store, if you do not agree to the Terms of Use.

2.2 Minimum requirements for the registration

You can only register an account to the Digitalwerk Store if you are of legal age (18 years or older). Every person may register as a Developer only once. The Digitalwerk Store is not intended for the use by consumers within the meaning of section 13 German Civil Code (Bürgerliches Gesetzbuch).

2.3 Registration of legal entities

If the user is a legal entity, in particular a corporation or limited liability company, the acting persons represent and warrant that they are legally permitted to represent the respective legal entity.

2.4 User administration

The Digitalwerk Store provides different types of user accounts. The user accounts are administered by Digitalwerk. Each Developer shall appoint one representative who will be responsible for administering the customer relationship with Digitalwerk. Digitalwerk will contact this representative for all operational issues. The Developer can assign further users for its Developer Content in its domain of the Digitalwerk Store by advising Digitalwerk to invite prospective users to sign up for a separate user account. Upon registration as a user who was invited to the domain of a specific Developer ("Assigned User"), the Assigned User may view, use and download the Developer’s publicly available and/or private ADTF Software subject to the Developer’s terms and conditions regarding the relevant ADTF Software.

3. Use of the Digitalwerk Store

3.1 Free use

You are entitled to use the functionalities provided on the Digitalwerk Store during the term of the Contract free of charge and exclusively for the purposes of the Digitalwerk Store, as described in detail in these Terms of Use.

3.2 Digitalwerk Store functionalities.

The functionalities for registered Developers of the Digitalwerk Store, enable Developers to make use of the full potential of the Digitalwerk Store, e.g. to share descriptions of ADTF component software and activate offers regarding the same to prospective users who may download such ADTF component software through the use of the Digitalwerk Store.

3.3 Rights of use


Digitalwerk grants to you, subject to the provisions of these Terms of Use, the non-exclusive, non-transferable and non-sublicensable right to use the Digitalwerk Store and the content made available on the Digitalwerk Store for your own purposes to advertise offers or searches and to finally find a contractual partner or interested client who intends to download the ADTF component software offered by you during the term of the Contract, subject to the restrictions by the Developer as described under section 3.3.3 of these Terms of Use.


Any further use of the Digitalwerk Store and the content made available on the Digitalwerk Store is not permitted, unless otherwise expressly agreed in these Terms of Use or required by mandatory statutory law. These Terms of Use authorize you, by exclusively using the online search functions provided on the Digitalwerk Store, to offer your ADTF Component Software through an easy-to-use platform on the internet. Furthermore, you are in particular not permitted to sell, rent, lease, sublicense or otherwise distribute, reproduce, copy, make publicly available, adapt or translate, arrange, reverse engineer or otherwise modify the Digitalwerk Store or content provided by Digitalwerk or by third parties on the Digitalwerk Store in whole or in part, or to reproduce the results thus obtained or to use such results in the production of a competing product.


The rights of public visitors of the Digitalwerk Store and your Assigned Users will depend on the permissions you have granted. You may give or restrict access to your ADTF Software. Dependent upon the settings you made, your ADTF Software will be publicly available on the internet or available only to your Assigned Users.

4. Obligations of the Developer

4.1 General obligations of Developer


protect your access and authorization details to the Digitalwerk Store as well as your identification and authentication safeguards from the access by third parties and not pass on these details and safeguards to third parties;


choose a secure password for your account to the Digitalwerk Store, keep it safe and change it on a regular basis, and comply with our requests and advices relating to IT security;


refrain from misusing the Digitalwerk Store.

4.2 Developer Content

Unless otherwise expressly provided in these Terms of Use, any information, software, descriptions, images, files and other content that you upload and/or otherwise post to the Digitalwerk Store or incorporate from third party providers ("Developer Content"):


must be expressed solely in an appropriate, open, but at the same time respectful manner;


must neither defame, disparage, threaten, harass or pester other persons nor contain any personal data of third parties (e.g. names or email addresses);


must not contain any illegal, more specifically, criminal, pornographic, defamatory or slanderous content, or content such as viruses, trojans and malware, to the Store


must not infringe intellectual property rights of third parties, such as copyrights, trademark rights, name right, or other protected rights; and


must not be misused for spam, advertising of any kind or other commercial interests or for calls for political protests

4.3 Special obligations of Developer regarding Developer Content


if it integrates Developer Content from a third party, to integrate its own content only, regardless of the form in which the Developer Content is integrated.


to refrain from attempting to retrieve information or third party developer content without authority or from attempting to manipulate or permit third parties to manipulate the Digitalwerk Store, or from attempting to intrude into Digitalwerk or the subcontractors contracted by Digitalwerk;


to backup your Developer Content uploaded to the Digitalwerk Store on a regular basis and adequately, but in any case prior to the termination of the Contract, and create own backup copies in order to ensure that any lost Developer Content can be restored;


to scan Developer Content for viruses before sending or uploading the content to the Store and use state-of-the-art anti-virus programs;


to refrain from uploading Developer Content that (a) is not relevant to the purpose pursued by the Digitalwerk Store or (b) does not match the relevant field functions; and


to upload Developer Content that contains personal data relating to third parties only if this content is relevant and if you have informed the affected third parties hereof in advance.

4.4 Granting of rights to Developer Content


You hereby grant Digitalwerk the non-exclusive global right of any kind, during the term of the Contract to the Developer Content that is intended to be used on the Digitalwerk Store, including any information included in the source code or object code as well as the source code and object code themselves that you uploaded and/or posted to the Digitalwerk Store, which will be used to provide you and any other user of the Digitalwerk Store with its functions. You hereby acknowledge that the Digitalwerk Store is, in principle, a website that is publicly available on the internet without any restrictions. You thus agree that your Developer Content may be made publicly available by Digitalwerk on the Digitalwerk Store, unless expressly restricted by you through the functions of the Digitalwerk Store in accordance with these Terms of Use. This includes, but is not limited to, the right to copy, convert, reproduce, distribute, make available to any users of the Digitalwerk Store and to copy, convert, reproduce and distribute Developer Content.


Digitalwerk hereby accepts the grant of these rights. The Developer is responsible that the Developer Content is granted free of third party rights and that the rights of third parties do not prevent the use of Developer Content by Digitalwerk.


The Developer is aware that Developer Content may be shared, with other users on the Digitalwerk Store as described in detail under section 4.4.1 of these Terms of Use. Upon termination of the Contract, Digitalwerk will no longer have control of Developer Content. Digitalwerk will not sell your data and will not use it for marketing purposes other than in relation to your use of the Digitalwerk services.

4.5 Information obligations of Developer


The Parties agree that all Developer Content qualifies as third party content within the meaning of sections 7-10 German Telemedia Act (Telemediengesetz – "TMG"). Digitalwerk is thus under no obligation and will not monitor any Developer Content or search for circumstances which indicate illegal activities conducted by Developer in conjunction with the Developer Content within the meaning of section 7(2) TMG. Digitalwerk will not adopt the Developer Content as its own content (nicht zu Eigen machen).


The Developer shall be solely and exclusively responsible for fulfilling all statutory obligations to provide information to the prospective users and/or clients in a comprehensive and timely manner as required under applicable law. This includes, in particular, a legal notice on the Developer’s website. The Digitalwerk Store offers sufficient technical capabilities to support providers in this respect.

4.6 Random checks by Digitalwerk

Digitalwerk reserves the right to check uploaded and/or posted content at a random basis and to delete Developer Content where appropriate.

4.7 Non-compliance with the Terms of Use

If we have reasonable cause to believe that you do not comply with the Terms of Use, we reserve the right to suspend your access to the Digitalwerk Store and the Developer Content posted and/or uploaded by you until you have remedied the breach and – in the case of a repeated or irreparable breach – to terminate the Contract with you with immediate effect.

5. Requirements for the service provision to be met by the Developer

5.1 Required IT

The Digitalwerk Store is a cloud-based Store which can be accessed via means of telecommunication.

5.2 Provision of the required IT

You are fully responsible to provide for the IT to access the Digitalwerk Store as well as the required telecommunications services, including the transmission services from the service interface to the devices used by you, and all other technical equipment and resources used by you.

6. Data Protection

Our Privacy Policy, available at Privacy Policy informs you about how we process your personal data and how cookies are used by us as part of your use of the Digitalwerk Store.

7. Liability for defects and damage

7.1 Quality standard

Digitalwerk strives to perform the services under these Terms of Use without errors and without interruptions. However, a faultless and uninterrupted service cannot always be guaranteed. In the event of faults or interruptions in services or other deteriorations in quality, Digitalwerk shall restore normal operation as soon as possible.

7.2 Accuracy of Developer Content

We bring together prospective users and developers or providers of ADTF component software, who each are responsible for the Developer Content they post. We do not check the Developer Content and also cannot influence it. Therefore, Digitalwerk is not responsible for the accuracy of the Developer Content

7.3 Limitation of liability for damages

Digitalwerk shall only be liable for damage caused by or in connection with the Digitalwerk Store for intent or gross negligence, regardless of the legal basis of the claim. Any further liability shall be excluded.

7.4 No limitation of mandatory liability

The liability for damages caused by Digitalwerk under mandatory statutory provisions, e.g. the Federal Product Liability Act (Produkthaftungsgesetz), remains unaffected. All other liability of Digitalwerk shall be excluded in all other respects.

8. Term and termination

8.1 Unlimited term and termination for convenience

The term of the Contract commences upon the activation of your account by Digitalwerk und remains effective until terminated or otherwise discontinued as specified in these Terms of Use. You may terminate the Contract at any time without giving any reason in writing or by email or via the "Delete" button on your account. Upon termination of the Contract, your account will be deactivated and the Developer Content you offer will be removed from the Digitalwerk Store. We will continue to store and process Developer Content only if and to the extent to which this is required for archiving purposes prescribed by law. It is your own responsibility to make any backups of your Developer Content in due time before the end of the Contract.

8.2 Termination for cause

The right to terminate the Contract for cause and termination pursuant to section 4.7 of these Terms of Use shall remain unaffected.

8.3 Discontinuation of the Digitalwerk Store

We are entitled to discontinue the operation of the Digitalwerk Store at any time. We will inform you about this in good time with a notice period of two (2) weeks. This notice period does not apply, when there are reasons which force us to instantly close the business.

9. Miscellaneous

9.1 Choice of law

These Terms of Use are subject to the law of the Federal Republic of Germany, excluding its conflict of laws principles and the UN Convention on contracts for the International Sale of Goods (CISG).

9.2 Reservation of changes

We may amend these Terms of Use at any time. However, in the case of an amendment to your detriment, we will advise you of such amendment in advance by sending an email or by applying a clearly highlighted notice on the Digitalwerk Store. You may then object to this amendment by sending an email to info@digitalwerk.net or a letter to Digitalwerk within thirty (30) days of receipt of the notice of change. If you fail to object in due time or continue to use the Digitalwerk Store after receipt of the notice of change, the amended provisions shall be deemed to be accepted. You will be informed about this legal consequence separately in the notice of change.

9.3 Severability clause

Should single or several provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use. In such an event, the Parties shall replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic intention of the parties. The same applies to any contractual loopholes in these Terms of Use.