Terms of Use for Cloud Servers and Services of Hugo Brennenstuhl GmbH & Co.KG

(hereinafter referred to as BRENNENSTUHL).

The contractual language is German.

BEFORE YOU START USING THE BRENNENSTUHL SOFTWARE, PLEASE READ THIS LICENSE AGREEMENT (ALSO REFERRED TO AS "LICENSE") CAREFULLY. BY USING THE BRENNENSTUHL SOFTWARE OR BY USING THE CLOUD AND SERVER SERVICES OF BRENNENSTUHL, YOU DECLARE YOUR AGREEMENT WITH THE PROVISIONS OF THE FOLLOWING LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL AND/OR USE THE BRENNENSTUHL SOFTWARE OR REGISTER FOR THE CORRESPONDING CLOUD SERVICE AND CLICK ON "REJECT" WHEN THE OPTION TO ACCEPT OR REJECT THE TERMS IS DISPLAYED.

I. General

  1. BRENNENSTUHL offers various cloud servers and services that you may use primarily in conjunction with BRENNENSTUHL software installed either on a computer or as an app on a smartphone or tablet, subject to these Terms of Use. BRENNENSTUHL also allows you to additionally store and offload information stored locally with you and other data on the BRENNENSTUHL cloud server and may also allow you to access other cloud services and access BRENNENSTUHL and third party websites (hereinafter collectively and individually referred to as "Services"). Use of these Services requires Internet access and requires identification through a unique username and password combination that you request or establish, and may require the creation of a BRENNENSTUHL user account. You may be required to agree to additional terms of service and use. Use of the Services may also be subject to additional fees. In any event, use of the Services is subject to these Terms of Use.
  2. Our services also display content that does not originate from BRENNENSTUHL. This content is the sole responsibility of the person who makes it available. We reserve the right to check content for its illegality or for the violation of guidelines. We may remove or refuse to display content if we reasonably believe that it violates our policies or applicable law. However, this does not necessarily mean that we will review content. Therefore, do not assume that we will do so.
  3. If you have registered for a service and created your own username and password for identification purposes, you are fully responsible for maintaining the confidentiality of your password and any account information you may have stored. In addition, you are fully responsible for all activities of whatever nature that occur under your account. You authorise BRENNENSTUHL to assume that any user using the Services under your name and password is you or someone authorised by you. You agree that you will notify BRENNENSTUHL immediately in the event of any unauthorised use of your account or any other breach of security. BRENNENSTUHL accepts no responsibility for any loss you may suffer as a result of others using your password or account, whether with or without your knowledge. If BRENNENSTUHL or any other party incurs any loss as a result of someone else using your account or password, you may be held liable. At no time are you permitted to use another user's account without their consent.
  4. By accessing our services, you may be exposed to content that is offensive, vulgar or immoral. Because BRENNENSTUHL may have no control over websites and information that may contain offensive, vulgar or immoral content, you agree to use these services at your own risk.

II. Materials, Content and Third Party Rights

  1. Ownership and copyright in the content displayed or accessed through our Services rests with the respective owners of such content. Such content may be protected by copyright or other intellectual property rights and treaties and may be subject to the terms of use of the third party providing such content. BRENNENSTUHL does not grant you any rights to use such content and does not guarantee that such content will continue to be available to you.
  2. Certain Services may display, contain or make available content, data, information, programs or materials from third parties ("Third Party Materials") or provide links to certain Third Party Sites. By using these Services, you acknowledge and expressly agree that BRENNENSTUHL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, integrity, quality or any other aspect of such Third Party Materials or websites. BRENNENSTUHL, its employees, affiliates or subsidiaries do not grant or endorse, and shall have no liability or responsibility to you or any third party for, any Third Party Services, Third Party Materials or websites, or any other Third Party Materials, products or services. Third party materials and links to other websites are provided to you as a convenience only.
  3. To the extent that you upload Content through use of the Services, you represent that you own all rights to such Content or that you have the authority or are otherwise authorised by law to upload such Content. You further agree not to misuse the Services, including but not limited to using the Services to transmit computer viruses or other malicious software. BRENNENSTUHL accepts no liability whatsoever for any misuse of the Services.
  4. In the event that you use or access any Services or Third Party Materials, you do so on your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. BRENNENSTUHL and its licensors reserve the right to modify, suspend, remove or disable access to any and all Services at any time without notice. In no event shall BRENNENSTUHL be liable for the discontinuance of any Services or the disabling of access to any such Services. BRENNENSTUHL shall be entitled to restrict the use of or access to certain services at any time without prior notice and without incurring any liability.

III. Data storage and evaluation

  1. Some of our services collect a variety of data to fulfil their intended use. BRENNENSTUHL and BRENNENSTUHL's contractors also collect and store diagnostic data and technical, usage and related information, including unique system and hardware identifiers as well as information about the system software used, software licence, functional modules (plug-ins) of the BRENNENSTUHL software that communicates with our services. This also includes, among other things, information about the device and communication parameters controlled in connection with the BRENNENSTUHL software. This information is collected on a regular basis primarily for the intended functionality of our Services, but also to provide and improve BRENNENSTUHL products and services and to verify compliance with the terms of these Terms of Use and licence agreements with BRENNENSTUHL. BRENNENSTUHL is always entitled to use this information, provided that it is collected and stored for the purposes described above in a form that does not allow any conclusions to be drawn about you personally.
  2. BRENNENSTUHL also offers services as trial versions. In these versions, BRENNENSTUHL reserves the right to insert advertisements within the display area of the respective service. These advertisements may also refer to further information and be linked to other websites. In this context, the data stored in the BRENNENSTUHL software or the gateway/server may also be collected and evaluated in order to display interest-based advertising to you. The collection and evaluation of the stored data includes all settings made by you in the BRENNENSTUHL software as well as all device and device functions (e.g. device categories, device types and/or manufacturer names) selected or taught by you, which you have set for control with the BRENNENSTUHL software. The evaluated data is stored in the BRENNENSTUHL software, but evaluation information is sent to the BRENNENSTUHL Connect cloud server in order to retrieve interest-based advertising from there. BRENNENSTUHL also uses this information to evaluate your activities with the BRENNENSTUHL software and to provide other related services, if applicable. BRENNENSTUHL is always entitled to use any information provided that it is collected and stored for the purposes described above in a form that does not allow any conclusions to be drawn about you personally.
  3. The protection of your data is important to BRENNENSTUHL and we will always treat it in accordance with the BRENNENSTUHL data protection guidelines and data protection regulations. We hereby expressly refer to the BRENNENSTUHL data protection guidelines (available at https://www.brennenstuhl.com/en-DE/data-privacy-declaration ), which thus become an integral part of this licence agreement.

By using the BRENNENSTUHL software, you declare your agreement to these provisions and in particular to the use of data described above. Do not use the BRENNENSTUHL software if you do not agree to these terms.

IV. Consent to the collection, processing and use of personal data

  1. By deciding to use our services and applying for or obtaining access to a BRENNENSTUHL user account for this purpose, you have also given BRENNENSTUHL your consent to the collection, storage, processing, use and transfer of personal data within the meaning of Article 4(1) EU-DSGVO in order to provide you with personal functions such as the visualisation of consumption data and operating statuses. This includes information such as name, address, e-mail address, telephone number and e.g. consumption and device status data, even if these cannot be assigned to a specific person but have a personal reference due to the context in which they were collected. As soon as the BRENNENSTUHL software or your gateway/integrated server integrated in the local network connects to the services, BRENNENSTUHL collects the following data, among others: all information that you disclosed to us when registering to create the BRENNENSTUHL user account, device list with device categories, device types and/or manufacturer names that you set for control with the BRENNENSTUHL software, all devices used or taught, device events, device settings for the BRENNENSTUHL software, all device settings for the BRENNENSTUHL software, all device settings for the BRENNENSTUHL software. Device events (e.g. error messages from devices, etc.), device actions (states and operation), device connections (automation rules, tasks, scenes and trade profiles, etc.). ), system events (e.g. system error messages), local user administration data (access rights of various users, etc.), consumption values, system data of the devices (e.g. statuses and operation), device connections (automation rules, tasks, scenes and trade profiles, etc.). ), consumption values, system data of the mobile end devices (operating system, software version and manufacturer) that communicate with the services, the combination of user name and password selected by you for the login to the BRENNENSTUHL user account, a valid e-mail address, serial number of your software licence as well as of the local BRENNENSTUHL gateway/server, in-app purchases made and licensed function modules (plug-ins) as well as other function extensions of the BRENNENSTUHL software.
  2. The data listed in point 4.1. are recorded and processed in the BRENNENSTUHL software and transmitted to the BRENNENSTUHL cloud or service server. This data is processed and stored there. The processing and storage of this data is used, among other things, to display the status of your devices outside your local network and to provide you with an overview of all devices together with consumption data, for example. This data is stored by a service provider as server provider and made available for display in a processed form. In addition, we anonymise your data and use it to improve the products we offer and our marketing concepts. However, this use does not allow us to draw any conclusions about your person. Any further collection, storage, use, processing or transmission of personal data will only take place on the basis of your express, re-stated consent or within the scope of our legal obligations to provide information to authorised state institutions or on the basis of a court decision.
  3. Use of the Services is subject to the Privacy Policy (available at www.brennenstuhl.com/en-DE/data-privacy-declaration).

You can revoke your consent to the collection, storage, processing and use of your personal data at any time and free of charge with effect for the future. You can revoke your consent via the settings of the BRENNENSTUHL software by removing the tick where it says: "I consent to the personal storage and processing of my data".

V. Limitations of liability

  1. To the fullest extent permitted by law, BRENNENSTUHL shall not be liable for any loss of profits, loss of data, other pecuniary loss or indirect, special, exemplary, consequential or punitive damages. To the fullest extent permitted by law, BRENNENSTUHL's total liability with respect to any claim under these Terms of Use, including any implied warranty, shall be limited to the amount you paid BRENNENSTUHL to use the Services or to provide the Services again, if BRENNENSTUHL so chooses. In no event shall BRENNENSTUHL be liable for any loss or damage that is not typically foreseeable.
  2. If you use our Services on behalf of a company, that company accepts these Terms of Use. The Company shall indemnify and hold harmless BRENNENSTUHL and BRENNENSTUHL's affiliates, officers, agents and employees from and against any claims arising in connection with the use of the Services or breach of these Terms of Use.

VI. Miscellaneous

  1. These Terms of Use are governed by the laws of the Federal Republic of Germany. BRENNENSTUHL may amend these Terms of Use or any additional terms for a particular service. In the case of changes that go beyond mere changes for legal or administrative reasons or the correction of an incorrect statement, BRENNENSTUHL will inform you of the changes in an appropriate manner (e.g. by publishing the text on the BRENNENSTUHL website, by e-mail or by notice in the BRENNENSTUHL software) seven days before the amended contract comes into force, thus giving you the opportunity to comment on the changes. However, changes regarding a new feature for a service or changes for legal reasons are effective immediately. You should therefore check these Terms of Use regularly. If you do not agree to the amended terms of use of a service, you must stop using that service. By continuing to use the BRENNENSTUHL software, you declare your agreement to the amended licence terms.
  2. These Terms of Use govern the relationship between you and BRENNENSTUHL. No claims or rights are created for third parties.
  3. If you do not comply with these Terms of Use and we do not take immediate action against you, this does not mean that we waive our rights, such as the right to take action in the future.
  4. Ancillary agreements must be in writing in order to be valid. This shall also apply to any amendment of the written form requirement. Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the contracting parties shall agree on a valid provision that comes closest to the common economic interest of the parties.
  5. In the event of legal disputes, the registered office of BRENNENSTUHL shall be the place of jurisdiction, provided that you are a merchant or have no general place of jurisdiction in the territory of the Federal Republic of Germany or you are a legal entity under public law. BRENNENSTUHL is also entitled to take legal action at any other place of jurisdiction prescribed by law.

Hugo Brennenstuhl GmbH & Co Kommanditgesellschaft – Seestraße 1-3 – D-72074 Tübingen Effective date 02/2018 Rev.1