1. SmartConnect app
To operate the SmartConnect SmartHome Server, SmartWireless GmbH & Co. KG (hereinafter referred to as SmartWireless) provides the customer with the SmartConnect app (hereinafter also referred to as software) within the framework of the existing technical and operational possibilities.
To use the SmartConnect app, you must own a WLAN-enabled smartphone that supports Google’s Android or Apple’s iOS operating systems:
3. areas of use and features of the SmartConnect app
- more security through access control and notification on the smartphone
- more comfort through simple control of existing electrical appliances via smartphone app and time-controlled
- Extension by supported applications (sensors / actuators)
- The installed building services can be controlled and configured from home or on the road via smartphone.
- Notifications according to defined rules
Updates take place at irregular intervals. The installation of updates is a mandatory requirement that the customer can use the latest hardware version and make use of the latest functionalities. SmartWireless points out that the functionality is not given or only limited if the installation of the updates does not take place. In this case, SmartWireless is exempt from any liability if it can prove that the defect would not have occurred if the latest software version had been installed.
4. rights of use
The customer and the users set up by him shall receive the non-exclusive, non-sublicensable and worldwide valid right to use the software for his own internal use.
The software serves only for use in unchanged form. By using the software, the customer agrees to all license conditions of SmartWireless. SmartWireless shall only be liable for software errors, data losses or other damages arising from the installation or use of the software within the scope of Clause 5.
In particular, it is inadmissible to copy, edit, transfer, change, decompile or convert the provided software (reverse engineering) unless permitted in individual cases.
5. liability and risk warning
In the event of intent or gross negligence and in the absence of a guaranteed feature, SmartWireless shall be liable for any damage resulting therefrom.
Liability for all other damages is excluded, in particular for data loss or hardware malfunctions caused by incompatibility of the components existing on the customer’s PC system with the new or modified hardware and software and for system malfunctions caused by existing misconfigurations or older, disruptive, not completely removed drivers. The liability according to the regulations of the product liability law remains unaffected.
The SmartConnect app is not designed to depict and replace safety-relevant functions or emergency situations, as is known, for example, from alarm systems. Therefore, any use of this app is at your own risk. SmartWireless assumes no liability for damages resulting from malfunctions, technical malfunctions of actuators and sensors.
6. term of use
The period of use is unlimited.
The place of jurisdiction for all disputes arising from or in connection with this contract is Cologne, provided the customer is a merchant, a legal entity under public law or a special fund under public law. Any exclusive place of jurisdiction shall have priority.
The contractual relations between the parties shall be governed by German law.