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Conrad Connect – General Terms & Conditions

January 2019
The present Terms & Conditions govern the full range of cloud-based services provided through the website conradconnect.de owned and maintained by Conrad Connect GmbH, Klaus Conrad Strasse 1, 92240 Hirschau, Germany

(hereinafter referred to as “Conrad Connect”, “we”, “us”, etc). When registering on our site you will be asked to agree to the terms outlined below. If you object, please do not continue registration.

1. Conrad Connect

1.1. Our gateway enables you to interlink a large number of products viewing their details or status on our website afterwards. These products include both physical items and digital applications. Our platform also allows remote control or monitoring of the embedded products. We shall ensure both availability and functionality of the remote portal via our data centre router outlet and the internet connection. All our services are provided using data and colocation centres based within the EU.

1.2. We also collect and store the information you provide us with, and the data subsequently generated by our gateway. You may delete any or all of this information at any time.

1.3 Registering and using the Conrad Connect gateway is free of charge. Moreover, you can choose between a range of premium services that come at a fee. However, you are not obliged to sign up for any of these services.

1.4 Conrad Connect Service Marketplace offers additional services some of which may be subject to a charge. If you opt for one or several of these services the following conditions apply.

    1.4.1 The marketplace lists both services provided by Conrad Connect (“native services”) and by third     parties (“partner services”). 

    1.4.2 Native services are associated with the functions and features of your user account. For     instance, you may use native services to increase the number of projects available to you.

    1.4.3 Partner services comprise services provided by service partners such as insurance companies, artificial intelligence providers, instant messaging providers, and others. Conrad Connect enables you to link and use these services with your smart devices.

    1.4.4 Both types of services can be subscribed to on the Service Marketplace. If you opt for a native service, you will be entering into a contractual agreement with us. In this case, we will also be your contact partner. Selecting a partner service means that the service agreement entered into will be between you and the respective third party provider who then will be your sole point of contact for the chosen service.

    1.4.5 The present Terms & Conditions also apply to services purchased from service partners. If you agree to the Terms and Conditions of one of our partners as part of the purchasing process, these terms will apply in addition. If any of the third party terms is in conflict with, or inconsistent with, the terms of the present agreement, the present agreement shall prevail unless otherwise specified herein.

1.5 Conrad Connect Community (at community.conradconnect.de) is a platform that allows users to ask and answer questions about topics related to Smart Living. You do not have to log in to your account to access the platform. However, if you are logged in and your login details contain your real name and a photo, both will be displayed publicly.

2.  Login Details & Infringements of Rights 

2.1 You agree to take all steps necessary to protect your gateway login details against unauthorised use by a third party. User name and password may be shared with a third party under exceptional circumstances only, and in compliance with the terms outlined in 2.2.  

2.2 You must notify us at once if you realise that the safety your login details has been compromised. You agree to change all relevant information immediately, and to contact us to request an account reset (subject to verifying your identity) if you suspect that your login details have been disclosed to a third party.

2.3 You agree to make sure that any information you provide using our gateway does not infringe any third party rights, including intellectual property and copy rights, registered trademarks and the right of publicity.

3. System Requirements & Platform Upgrades

3.1 Using the gateway requires an internet connection and a compatible browser, such as Microsoft Internet Explorer (version 9.0 onwards), or Mozilla Firefox (version 24 onwards). N.B. Setting up connection and browser may incur costs.

3.2 We reserve the right to upgrade our gateway at any time, choosing the extent of services we provide at our own discretion. Gateway users do not have the right to demand platform upgrades, specific features and functions.   

4. Service Availability

4.1 The overall percentage of gateway downtime measured at the datacentre router outlet shall not exceed five (5) percent per operating year (see 4.2). In this context, the term “availability” shall refer to the overall time the gateway is usable during an operating year.

4.2 The term “operating year” shall refer to a period of twelve (12) months commencing on the day you sign up for our services. Time spent carrying out planned maintenance, system updates or modifications shall not be regarded as a part of the operating year as long as these operations are a) carried out between 8 pm and 6 am, and b) are announced at least seven (7) days beforehand. However, this does not apply if it becomes necessary to reduce or withdraw service at short notice, e.g. due to environmental reasons, such as power failures, or under circumstances where immediate shutdown is required to save equipment or data.  

4.3 As bridge between users’ smart devices, between smart devices and webservices, or between smart devices, webservices and service partners (see 1.4.3), Conrad Connect is part of a data transmission chain. In this context, Conrad Connect only has limited influence on an interference-free data transmission and only limited liability (see 9.5).

5. Costs and payment modalities

5.1 Using the basic version of the Conrad Connect platform is free of charge.

5.2 Some services listed on our Service Marketplace may incur one-time or periodically recurring fees. If so, we will notify you at the time you are purchasing the service. 

5.3 For native services, Conrad Connect accepts VISA card payments only. All payments are processed by Stripe Inc., USA. Conrad Connect issues a receipt. Also for partner services, only VISA card payments are accepted, unless a different payment method has been explicitly authorised by Conrad Connect.

5.4 For native services and partner services that come at a fee, the fee will be charged either once at the time of booking, or in monthly cycles starting at the time of booking, both in accordance with the chosen payment method. Conrad Connect will confirm successful payment to the user. Invoicing for partner services will be done by the respective service partner.

5.5 In case that a payment fails, the user will be informed by email and will be asked to promptly review the provided payment details. For native services, Conrad Connect will, within the next four days, conduct two more attempts to charge the fee. Should those attempts also fail, Conrad Connect will disable the service. For partner services, it is depending on the service partner’s individual settings whether and how many additional attempts to charge the fee will be undertaken before the service will be disabled.

5.6 If service partners provide differing or complementary booking and payment conditions, users will be notified about them before service booking, either in the service description or in the service partner’s user terms and conditions. 

6. Right to Cancel

6.1 You can cancel the present Service Agreement without giving a reason within a time period of fourteen (14) days, commencing on the date of entering into this Agreement. 

6.2 You can cancel the present Service Agreement by sending an email, fax or letter to Conrad Connect, Klaus Conrad Strasse 1, 92240 Hirschau, Germany

You may use the provided Service Agreement Termination Form, although the use of the form is not mandatory. However, your notification must reach us by the end of the cooling-off period. 
 
6.3 If you cancel the present Service Agreement, all payments already made by you will be refunded, and will be credited to the account you used to make the payment. Refunds do not incur any charges.  

6.4 Services Termination Notice (Template)

(If you want to cancel please complete and return the below form.)

  • To: Conrad Connect GmbH, Klaus Conrad Strasse 1, 92240 Hirschau, Germany
  • I(*)/We(*) hereby cancel the contract entered into regarding the purchase of the following products (*)/services (*)
  • Order placed on (*)/received on (*)
  • User name(s)
  • User address(es)
  • User signature(s) (letters only)
  • Date 

(*cross out if not applicable)

6.5 Your Right to Cancel as outlined above applies to all native services of Conrad Connect. For partner services, the respective service partner’s information on the right to cancel shall be observed.

7. Data Privacy

We collect and process any personal information you provide us with in full compliance with current data protection law. For details, please refer to our Data Privacy Policy available at https://conradconnect.de/en/privacy.

8. Service Termination

8.1 We reserve the right to change the scope or terminate the provision of the Conrad Connect platform at any time after giving due notice. In this case, we will contact you in advance, to enable you to retrieve or back up your data. Any further collection, storage or use of your data by us after termination of services is prohibited by law.  

8.2 We reserve the right to terminate individual native services at any time. In this case, we will notify all existing users immediately who may continue to use the respective service until quoted date on which the service will be terminated. Terminated services are no longer available to new users. This also applies to the termination of partner services.

8.3 The user may terminate native services with monthly booking/subscription cycles at any time without reasoning. Terminations take effect at the end of the current booking cycle. This also applies to terminations by Conrad Connect. The foregoing sentences further apply to partner services, unless the service partner sets different rules in their terms of use or in their service description.

9. Liability

9.1 We provide the Conrad Connect gateway free of charge. This means that we cannot be held responsible for any damages or loss of income, business of profits as a result of the non-availability of the gateway or services, unless the damage was caused by gross negligence or wilful misconduct of our company. 

9.2 For Premium services, statutory warranty rights apply. 

9.3 Our liabilities cover the basic version of the gateway and native services only, and shall be limited to damages caused by gross negligence or wilful misconduct of our company. However, this does not affect your statutory rights. 

9.4 Nothing in these Terms & Conditions shall exclude or limit Conrad Connect’s liability for death, personal injury or damages as a result of breach of warranty, gross negligence or wilful misconduct of Conrad Connect.  

9.5 As bridge between users’ smart devices, between smart devices and webservices, or between smart devices, webservices and service partners (see 1.4.3), Conrad Connect is part of a data transmission chain. Data transmission is not only influenced by Conrad Connect gateway availability (see 4.1), but in addition also by users’ devices and networks, hardware manufacturers, webservice providers, service partners and other third parties involved. Conrad Connect has no influence on, and therefore is not responsible for interference-free data transmission by users’ devices and networks, hardware manufacturers, webservice providers, service partners and other third parties involved in data transmission.   

9.6 Above terms also apply to any legal representative, administrator or executor appointed by us, and acting on our behalf.

10. Supplemental Terms & Jurisdiction

10.1 No oral supplemental agreement applies. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the intention of both parties. All remaining provisions of the present Agreement shall remain in full force and effect. Aforementioned shall also apply in the case of a contractual mistake, or omission.

10.2 This Service Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention of Contracts for the International Sales of Goods (CISG).

10.3 Both parties submit their disputes arising out of or in connection with this Service Agreement to the exclusive jurisdiction of the courts of the State of Bavaria, Germany.

10.4 If this Agreement has been translated into a language other than German, and if the translated version is different from the German language version, the German language version will take precedence. 

11. Modification of these terms of use, the service description and the prices

11.1 Conrad Connect shall be entitled to amend these Terms of Use insofar as this does not affect essential provisions of the contractual relationship and the amendment is necessary for adaptation to developments which could not have been foreseen at the time of conclusion of the contract and the non-observance of which would noticeably disturb the balance of the contractual relationship. Essential provisions are, in particular, those concerning the type and scope of the contractually agreed subject matter of the Agreement and the term including the provisions on termination. 

11.2 Conrad Connect shall also be entitled to amend or supplement the Terms of Use to the extent necessary to remedy any difficulties in the performance of the Agreement due to regulatory gaps in the provisions which have arisen since the conclusion of the Agreement. This may be the case, in particular, if one or more clauses of these Terms of Use have been revoked in whole or in part by courts of law.

11.3 Conrad Connect shall be entitled to change the subject matter of the Agreement (1) if this is necessary for good reason, (2) if the User is objectively not disadvantaged (e.g.,retention, maintaining or improving accessibility)  and (3) if the subject matter of the Agreement is not substantially deviated from. There is a good reason to change the subject matter if (1) Conrad Connect adapts the subject matter to technical developments; (2) if third parties from whom Conrad Connect obtains necessary advanced services necessary for the provision of their services change their service offer; or (3) legal provisions or court decisions make a restriction or extension of the subject matter necessary.

11.4 Conrad Connect is entitled to increase the agreed fees in order to pass on increased costs to the User. In particular, the right to adjust prices covers the case that third parties as advanced service providers performing services for Conrad Connect under this contract increase their prices. Conrad Connect shall also be entitled to adjust its prices accordingly in the event of an increase in turnover tax.

11.5 Any intended changes to the terms of use, the subject matter of the Agreement and the remuneration in accordance with sections 11.1 to 11.4 shall be communicated to the User by email to the e-mail address provided by the user at least one week before they take effect. The User has a right of objection at the time the changes take effect. If the User does not object by deleting his account within one week of receipt of the notification of change, the changes shall become part of the contract at the time they take effect. The User will be specifically informed of this consequence in the notification of change.