Version 1.0 dated 15.10.2021
PRELIMINARY REMARKS
Congratulations on choosing a VREEDA product. For a detailed description of your VREEDA product and in particular the Smart Devices concerned as well as the associated VREEDA IoT Services, please refer to the separate Product Manual.
Your Smart Device or Smart Devices can be controlled locally or remotely via a VREEDA App provided by us for your Mobile Device. The VREEDA App also offers other functions that you can access, including the setup and management of your VREEDA Customer Account.
By setting up the VREEDA Customer Account and entering into this contract, you have become a customer of VREEDA GmbH (hereinafter referred to as "Customer"). After appropriate activation via the VREEDA App, you may use your respective integrated Smart Device in accordance with the service description of the VREEDA IoT Services in the relevant Product Manual, and in particular control and manage it via the respective VREEDA App. By accepting these General Terms and Conditions, the Customer grants permission for networking between the Smart Devices integrated by the Customer and the VREEDA infrastructure, in particular the VREEDA App.
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter also referred to as "GTC") apply to all contracts that the Customer – regardless of whether acting as a consumer or entrepreneur (see section 1.3) – concludes with VREEDA GmbH, Essen (hereinafter also referred to as "VREEDA") as a provider of VREEDA Products (see definition in § 2) and associated VREEDA IoT Services (see definition in § 2) via a VREEDA App (see definition in § 2).
The respective contract between the Customer and VREEDA consists of (i) the personal data entered by the Customer in the Customer Account, (ii) the Product Manual applicable to the VREEDA Product selected by the Customer as Special Terms and Conditions (see section 1.5), and (iii) these GTC. Via the corresponding activation commands for the integration of Smart Devices, the Customer determines which firmware of integrated Smart Devices the respective contract relates to.
The contact details of the provider are as follows:
VREEDA GmbH
Alfredstraße 81
45180 Essen, Germany
E-Mail: kundenservice@vreeda.com
(2) Various formulations in these GTC use the masculine form and refer equally to persons of other genders. This is done solely to promote readability. VREEDA pursues a strict policy of equality and non-discrimination.
(3) Customers may be both consumers and entrepreneurs. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction with VREEDA for purposes that are predominantly neither commercial nor self-employed professional in nature. An entrepreneur within the meaning of these GTC is any person who is not a consumer. Natural persons who qualify as entrepreneurs in a professional capacity may nevertheless be classified as consumers in relation to VREEDA if they act as a private individual when entering into a legal transaction with VREEDA, particularly with regard to their own private residential environment.
(4) For customers who are consumers, specific protective provisions may apply that do not apply to entrepreneurs. For administrative reasons, VREEDA has decided to draft these GTC uniformly for both consumers and entrepreneurs on the basis of the higher level of consumer protection. Accordingly, the Customer is not required to make a distinction between consumer and entrepreneur for themselves.
(5) In addition to these GTC, special terms and conditions (hereinafter referred to as "Special Terms and Conditions") in the form of the Product Manual applicable to the respective VREEDA product shall apply to the individual contracts. This contains additions and, in some cases, deviations from these General Terms and Conditions, in particular the specific service contents of the respective VREEDA IoT Services, applicable remuneration, etc. To the extent that the Special Terms and Conditions contain deviating provisions, they shall take precedence over these General Terms and Conditions as more specific regulations.
(6) VREEDA expressly objects to the inclusion of any general terms and conditions of the Customer. Fulfilment of this contract by VREEDA does not constitute implied consent to such terms and conditions of the Customer. Any contractual offer by the Customer with reference to the Customer's general terms and conditions is hereby objected to.
(7) These GTC also apply to all VREEDA Product Updates (see definition in § 2), unless these are the subject of a separate agreement.
(8) Additional, deviating or specific terms of use may apply to:
§ 2 Definitions:
Technical Interfaces:
Technical interfaces with the Customer, such as a VREEDA App or a voice control tool, that enable the use of the VREEDA IoT Services.
External System Elements:
Third-party infrastructure (hardware and software) (e.g. Wi-Fi router, smartphone, etc.) or third-party services (e.g. internet service providers, etc.) that are required for the proper provision of the VREEDA IoT Services. See also the (non-exhaustive) list in § 5 para. 3.
Firmware:
Software permanently installed in a Smart Device that enables the device to be controlled via an app, either within a local network or via a cloud infrastructure. In the present case, this software is either VREEDA Firmware or Third-Party Firmware.
Third-Party Firmware:
Firmware that has been installed in the respective Smart Device on behalf of a third party. Smart Devices compatible with the VREEDA App that use Third-Party Firmware are identified in the VREEDA App, the Product Manual or on the VREEDA Website. The usability of Smart Devices with Third-Party Firmware via the VREEDA App may be limited. VREEDA accepts no liability for this.
Internal System Elements:
VREEDA's own infrastructure (hardware and software) or VREEDA's own services that are required for the proper provision of the VREEDA IoT Services.
Mobile Device:
Smartphone and/or tablet PC or another portable device connected to the internet.
Partner Apps:
Apps from partner companies approved by VREEDA, through which – in addition to the VREEDA Apps – the use of a VREEDA Product and associated VREEDA IoT Services is possible. In this case, the contractual and customer relationship exists exclusively between the Customer and the partner company.
Product Manual:
Detailed service description of the respective VREEDA Product by presenting the use case, the intended purpose, the Smart Devices concerned, the existing VREEDA IoT Basic Services, and any additionally offered VREEDA IoT Add-on Services.
Smart Device:
Hardware equipped with VREEDA Firmware or Third-Party Firmware, but generally not manufactured by VREEDA, which can and is intended to be used as a networked device in certain use cases as part of a VREEDA Product.
Text Message:
Any form of communication between VREEDA and the Customer via e-mail, SMS or push notification within the VREEDA App.
VREEDA App:
Any app provided by VREEDA for the configuration, networking, control and use of Smart Devices or the VREEDA IoT Services. There may be various VREEDA Apps marketed under different names or brands. Not every Smart Device is compatible with every VREEDA App. This also applies to Smart Devices with VREEDA Firmware. The respective relevant Product Manual indicates which VREEDA App(s) is/are compatible with which VREEDA Product and which Smart Devices.
VREEDA Cloud:
An internet-based IT infrastructure used by VREEDA GmbH, provided as a service by a specialised provider, consisting primarily of storage space, computing power and/or application software, in order to enable the configuration and networking between the VREEDA App and the activated Smart Devices, as well as their control and use via data transfer.
VREEDA Privacy Policy:
VREEDA's privacy policy in its current version, available via the respective VREEDA App, the VREEDA Website or the VREEDA Customer Service Portal.
VREEDA Design Lab:
An experimental laboratory established by VREEDA for the development of new VREEDA Products, in which customers can participate as test participants in such a new development; the VREEDA Design Lab is covered by a separate Product Manual, possibly with partial suspension of provisions of these GTC.
VREEDA Firmware:
Firmware manufactured on behalf of VREEDA for installation in the respective Smart Device. The VREEDA Firmware enables the Smart Device to be connected to the VREEDA Cloud and controlled via the VREEDA App.
VREEDA Infrastructure:
The VREEDA App, the VREEDA Cloud, the VREEDA Firmware, the VREEDA Website, the VREEDA Customer Service Portal and the VREEDA Design Lab.
VREEDA IoT Services:
Services provided by VREEDA in relation to the respective VREEDA Product, consisting of VREEDA IoT Basic Services and, where applicable, VREEDA IoT Add-on Services, which enable the Customer to configure, network, control and use certain Smart Devices in connection with the intended purpose of the respective VREEDA Product.
VREEDA Customer Account:
A customer account created by the Customer upon initial registration via the VREEDA App or a product website with VREEDA, which – after conclusion of the contract – enables the use of the VREEDA IoT Services.
VREEDA Customer Service Portal:
An information portal of VREEDA GmbH for all customers of VREEDA Products and associated VREEDA IoT Services, which contains, among other things, the Product Manuals for all available VREEDA Products, FAQs (a list of standard questions and answers) relating to the individual VREEDA Products, and the General Terms and Conditions.
VREEDA Product:
Combination of VREEDA IoT Services and one or more Smart Devices for the implementation of certain use cases (e.g. lighting, leakage, replenishment, etc.).
VREEDA Product Update:
The further development and/or improvement of the VREEDA Product, the associated VREEDA IoT Services or the VREEDA Infrastructure in technical terms, with regard to the intended purposes, user-friendliness or in any other respect. The VREEDA Product Update is carried out either by download by the Customer or by remote access "over-the-air" by VREEDA via a wireless connection.
VREEDA Area of Use:
The area in which the use of VREEDA Products by the Customer is intended and appropriate. This is the standard private household or smaller commercial office environment as well as catering establishments.
VREEDA Website:
The website of VREEDA GmbH, accessible at https://www.vreeda.com.
§ 3 Subject Matter and Formation of a Contract, Contracting Parties
(1) The subject matter of the contract between VREEDA and the Customer is the provision of the VREEDA IoT Services pertaining to the respective VREEDA Product. The essential service contents and, where applicable, prices of these services are set out in the Product Manual applicable to the VREEDA Product selected by the Customer, which becomes part of the contract as Special Terms and Conditions in addition to these GTC.
(2) It is not possible to conclude a contract between VREEDA and the Customer via the VREEDA Website. The description of the respective VREEDA Product on the VREEDA Website does not constitute a binding offer by VREEDA to conclude a contract; such product descriptions are non-binding. The same applies with regard to any descriptions of VREEDA Products within the VREEDA Customer Service Portal; it is also not possible to conclude a contract through that channel.
(3) The contract is concluded exclusively via a VREEDA App or a product website specially created for the respective VREEDA Product, as follows: Once the Customer has decided on a particular VREEDA Product, the Customer must first select a compatible VREEDA App and install it on their Mobile Device, or access the VREEDA Product Website created for the VREEDA Product. The Customer then creates a customer account with VREEDA in this VREEDA App or on the VREEDA Product Website. Various fields appear in which the Customer must enter personal information and, where applicable, payment details. Subsequently, a page automatically opens on which the Customer can view the GTC, the Product Manual of the selected VREEDA Product and the VREEDA Privacy Policy via automatic links. This constitutes a binding contractual offer by VREEDA to the Customer. By clicking the button "I have read the GTC and the Product Manual and accept the contract", the Customer accepts VREEDA's contractual offer and the contract between VREEDA and the Customer is concluded with binding effect. By doing so, the Customer consents to the GTC and the Product Manual as the governing contractual provisions. In addition, by clicking the button "I have taken note of the Privacy Policy", the Customer confirms that they have taken note of the VREEDA Privacy Policy. Furthermore, in the case of chargeable services, the Customer must confirm that they have taken note of the right of withdrawal notice.
(4) Before accepting the contract, the Customer may leave the registration and contract page at any time and thereby abort the registration process or the contract acceptance. Such an abort also allows any input errors to be corrected by restarting the process. Customer entries are displayed. Any input errors can also be corrected by the Customer overwriting the affected entry. The "clicking" of input fields can be undone by clicking the affected input field again. User details can also be viewed and changed in accordance with paragraph (6), first sub-paragraph.
(5) By accepting these General Terms and Conditions, the Customer grants permission for networking between the Smart Devices integrated by the Customer and the VREEDA Infrastructure, in particular the VREEDA App. By accepting these General Terms and Conditions, the Customer grants permission for VREEDA Product Updates, including remote access "over-the-air" by VREEDA via a wireless connection.
(6) The complete contract text is stored by VREEDA. The Customer can view the contents of their contract with VREEDA and the personal data entered in the Customer Account on any individual page within the VREEDA App or on the VREEDA Product Website via the menu. Via the "Contract Documents" button, the Customer can access the VREEDA Customer Service Portal and view the Product Manual of the selected VREEDA Product and the GTC at any time. The same applies to the VREEDA Privacy Policy. In this way, the Product Manual of the selected VREEDA Product, the GTC and the VREEDA Privacy Policy can be printed by the Customer or saved electronically on a storage medium chosen by the Customer outside the VREEDA App. Via the "User Profile" button, the Customer can view the personal data entered in the Customer Account and make changes to voluntary details at any time. Subsequent changes to mandatory user details, in particular the Customer's registered e-mail address, can only be made by e-mail to the VREEDA Customer Service Portal.
Within the respective VREEDA App, the Customer may be shown (non-binding) descriptions of additional VREEDA Products. For each additional VREEDA Product, the Customer can repeat the process described above for concluding the contract and activating the relevant Smart Devices. A new customer account does not need to be created, as customer status already exists.
The Product Manuals of the available VREEDA Products and these GTC can also be viewed at any time outside the VREEDA App via the VREEDA Website or the VREEDA Customer Service Portal. However, the Customer's access to the personal data entered in the Customer Account and the Smart Devices activated by the Customer is only possible as described above via the VREEDA App.
(7) The language of the contract is either German or English, depending on the language version of the registration page selected by the Customer during the ordering process or contractual offer.
(8) The activation of chargeable VREEDA IoT Services is subject to the (suspensive) condition of full payment of the applicable remuneration. In the case of a consumer, the activation of chargeable VREEDA IoT Services is subject to the additional (suspensive) condition of the expiry of the withdrawal period.
§ 4 Authorised User, Use of the VREEDA IoT Services, Customer Confirmations
(1) Authorised users of the VREEDA IoT Services are customers who have properly created a customer account. Beneficiaries of a secondary right of use granted via the user management are also authorised users. VREEDA decides at its reasonable discretion whether to grant a secondary right of use; the Customer has no entitlement to this.
(2) The Customer may use the VREEDA IoT Services associated with the respective VREEDA Product within the scope of the service description set out in the applicable Product Manual. The VREEDA Product consists of basic functions, the VREEDA IoT Basic Services, and additional functions, the VREEDA IoT Add-on Services.
The VREEDA IoT Basic Services are and shall remain available free of charge. The VREEDA IoT Add-on Services may be free of charge or subject to a fee.
(3) Upon conclusion of the contract, the IoT Basic Services are available to the Customer in accordance with these GTC. After contract acceptance, the Customer may additionally select VREEDA IoT Add-on Services in the VREEDA App or on a product website. In order to use the VREEDA IoT Services offered for the respective selected VREEDA Product, the Customer must:
(4) The Customer may at any time deselect VREEDA IoT Add-on Services in the App or on the product website, or end the integration of Smart Devices by deleting the devices in the App.
(5) By accepting the VREEDA GTC in conjunction with the respective Product Manual, the Customer confirms:
§ 5 Restrictions on the Availability and Usability of the VREEDA IoT Services, Exclusions of Liability, (Limited) Warranties
(1) The availability of the VREEDA IoT Services and/or their usability by the Customer may be subject to interruptions and failures for reasons beyond VREEDA's control, in particular due to improperly functioning External System Elements, such as interruptions to the Wi-Fi connection, interruptions to the internet connection, or other defects in external infrastructure or external services. The Customer acknowledges this risk of limited availability or usability. The parties agree that VREEDA is not responsible for damages caused by reasons beyond VREEDA's control, in particular by interruptions or other defects in the External System Elements.
(2) It is the Customer's responsibility to ensure that they have all necessary External System Elements and that these function properly and are compatible with the respective VREEDA App or the respective firmware. The Customer acknowledges that the availability of the VREEDA IoT Services and/or their usability by the Customer is interrupted or fails if the requirements regarding the completeness, functionality and compatibility of the External System Elements are not met. The parties agree that VREEDA is not responsible for damages caused thereby.
(3) In particular, the VREEDA IoT Services cannot be used without restriction without the following External System Elements:
An additional prerequisite is the proper installation and activation of the VREEDA App, for which the Customer is responsible (see § 7 para. 6).
(4) The VREEDA Products and the associated VREEDA IoT Services are only intended and suitable for use within the VREEDA Area of Use, but under no circumstances for use in production or other critical application areas. The VREEDA IoT Services enable the integration of Smart Devices within a VREEDA Area of Use. For technical reasons, in particular capacity limitations of External System Elements, the maximum number of integrated Smart Devices and usable VREEDA IoT Services may be limited, but will typically not be reached within the exclusively permitted use within the VREEDA Area of Use.
At high usage intensity, the operating speed may noticeably slow down, up to and including system interruptions.
(5) VREEDA warrants that the software of the VREEDA App, which is inter alia the basis of the VREEDA IoT Services, is free of defects in the version publicly offered in the App Store or subsequently updated by VREEDA in accordance with § 9 of this contract.
(6) The availability of the VREEDA Cloud is warranted by VREEDA only within the scope of the availability guarantees provided by the providers of the server infrastructure services, but not beyond. VREEDA assigns legal claims existing against the latter to the Customer who accepts such assignment with discharging effect, insofar as they concern the Customer.
(7) Insofar as the VREEDA Firmware has been developed and produced through contract manufacturers, VREEDA assigns the legal claims existing against them to the Customer who accepts such assignment with discharging effect, insofar as they concern the Customer.
§ 6 Customer Support
In the event of questions or other problems in connection with the VREEDA Product and the associated VREEDA IoT Services, the Customer should consult the Frequently Asked Questions (FAQs) available in the VREEDA Customer Service Portal.
Otherwise, the Customer may contact VREEDA as follows:
VREEDA GmbH, Essen
E-Mail: kundenservice@vreeda.com
When the Customer makes contact, VREEDA uses the customer data for the specified purpose. For further information on the handling of personal data, please refer to VREEDA's separate Privacy Policy.
Customer support by VREEDA with regard to the VREEDA App is only provided for its current software version, which forms the basis of the VREEDA IoT Services.
§ 7 Obligations to Cooperate and Obligations to Refrain from Action by the Customer
(1) The Customer undertakes towards VREEDA to use the VREEDA Product and the associated VREEDA IoT Services as well as the VREEDA Infrastructure exclusively in a manner that does not violate the Product Manual, these GTC or applicable law. If the Customer permits another person to use the VREEDA App on one of the Customer's Mobile Devices, it is part of the Customer's duty of care to draw attention to the aforementioned provisions and to adequately monitor compliance by the third party. The Customer remains obligated towards VREEDA.
(2) The Customer undertakes towards VREEDA to (i) not reverse engineer, decompile or disassemble the software associated with the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure, and not to copy, publish, duplicate, reproduce, transmit, post or otherwise distribute it; (ii) to refrain from anything that could impair the availability or usability of the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure, in particular the introduction of viruses, worms, bugs, Trojan horses, malware or other harmful elements; (iii) not to take any steps to circumvent the security mechanisms of the respective VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure; (iv) to comply with all other reasonable requirements or specifications communicated by VREEDA, insofar as they have become or should have become known to the Customer; (v) not to access the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure in order to compete with VREEDA; (vi) not to disrupt or interrupt the Internal System Elements, or attempt to gain unauthorised access to them, and not to violate the rules, policies or procedures of these Internal System Elements; (vii) not to access (or attempt to access) the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure other than through the Technical Interfaces provided by VREEDA; (viii) not to incite or assist any third party to carry out the aforementioned actions.
(3) The Customer is furthermore not permitted to use the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure for the surveillance of persons or premises or for similar actions, or to incite or assist any third party to carry out the aforementioned actions.
(4) The Customer must keep their user ID and password confidential and arrange for immediate blocking of their access to the VREEDA IoT Services if they have reasonable grounds to suspect that an unauthorised third party has gained or may have gained knowledge thereof.
(5) The Customer undertakes to provide all contact details and further information requested by VREEDA during the creation of the VREEDA user account or the registration of Smart Devices truthfully and completely. The Customer undertakes to notify VREEDA without delay of any changes to the contact details and further information provided, in particular the e-mail address.
(6) The Customer is personally responsible for the proper installation and connection of the respective Smart Device and the VREEDA App. Further technical requirements for the use of the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure are set out in the technical descriptions available via the Product Manual, the VREEDA App, the VREEDA Website and the VREEDA Customer Service Portal, e.g. supported operating systems/versions and Mobile Devices.
§ 8 Content and Restrictions of the Right of Use
(1) The copyright and all other industrial property rights including know-how in connection with the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure belong to VREEDA or VREEDA's licensors. All rights therein that are not expressly granted to the Customer pursuant to paragraph (2) below are reserved and remain with VREEDA.
(2) VREEDA grants the Customer the simple (without the right to grant sub-licences), non-exclusive, non-transferable right, limited in time to the duration of this contract, to use the respective VREEDA Product and the associated VREEDA IoT Services or the VREEDA Infrastructure with respect to the Smart Devices properly integrated by the Customer, for the Customer's own purposes within the scope of the use case and intended purpose specified in the applicable Product Manual. Insofar as the VREEDA IoT Services selected by the Customer are only provided for a fee, this right of use is subject to the condition of proper payment of the corresponding fee.
(3) Use beyond the scope of paragraph (2) is not permitted for the Customer.
(4) Insofar as a Customer provides comments, submits suggestions and/or documents to VREEDA in connection with the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure ("Feedback"), the Customer grants VREEDA the exclusive right of use in this Feedback. On this basis, VREEDA is entitled to use this Feedback in any manner without restriction and without any obligation of confidentiality, attribution or compensation.
(5) The restrictions of §§ 7, 8 of this contract do not apply insofar as this is necessary to comply with the licences of open-source software components used. The provisions of §§ 69d, 69e of the German Copyright Act (UrhG) remain unaffected by the restrictions of §§ 7, 8 of this contract.
§ 9 VREEDA Product Updates
(1) VREEDA is entitled to carry out VREEDA Product Updates at any time, e.g. through security updates or new, improved functionalities and bug fix updates, etc. VREEDA is in particular entitled to expand the use case or the intended purpose in the applicable Product Manual, to add Smart Devices with VREEDA Firmware or Third-Party Firmware that can be integrated, to make further VREEDA IoT Services available free of charge or for a fee, and/or to add compatible VREEDA Apps. VREEDA will inform the Customer in advance of each update by means of a Text Message. Insofar as cooperation by the Customer is required, the Customer undertakes to carry this out independently without delay following the corresponding notification and instructions (e.g. carrying out a download).
(2) Each of these updates is subject to the respective Product Manual and these GTC in their respective current version.
(3) It should be noted that VREEDA IoT Services may not be properly provided if the Smart Devices concerned are based on outdated technology. Smart Devices of older generations may not be compatible with all updates. VREEDA's liability in this regard is excluded. The requirements for proper functionality of Smart Devices are set out in § 5 of these GTC, the VREEDA Customer Service Portal and the Product Manual.
§ 10 Contract Amendments, in Particular to the Product Manual or These GTC
(1) Proposals for amendments to the Product Manual or these General Terms and Conditions, insofar as they cannot be amended unilaterally by VREEDA, shall be communicated to the Customer by VREEDA by means of a Text Message.
(2) Amendments to these General Terms and Conditions shall be deemed approved if the Customer consents to these amendments by means of a Text Message. Continued use of the VREEDA IoT Services after receipt of the notice of amendment shall be deemed implied consent to these amendments.
(3) If the Customer has not expressly or impliedly consented to the proposed amendments to these GTC within 14 calendar days, VREEDA shall have the right to terminate the affected contract for cause within a further period of 14 calendar days. The same applies with regard to an objection by the Customer to the contract amendment.
(4) If the VREEDA Product Update requires extended data access authorisation for VREEDA, the Customer shall be asked for consent by means of a Text Message prior to its implementation. The extended access authorisation shall be deemed approved if the Customer consents to these changes by means of a Text Message. Continued use of the VREEDA IoT Services after receipt of the request for consent shall be deemed implied consent. If the Customer does not consent to this extended access authorisation, the respective VREEDA Product Update will not be carried out. It cannot be excluded that VREEDA IoT Services affected thereby may have their functionality impaired or may no longer be usable in their entirety. VREEDA's liability in this regard is excluded. If the Customer has not expressly or impliedly consented to the extended access authorisation within 14 calendar days, VREEDA shall have an extraordinary right of termination within a further period of 14 calendar days. The same applies with regard to an objection by the Customer to the extended access authorisation.
§ 11 Restrictions on VREEDA IoT Services / Other Technical Measures
(1) VREEDA is entitled to discontinue VREEDA IoT Add-on Services provided free of charge or to offer them only for a fee in the future. VREEDA will notify the Customer of this in advance by means of a Text Message. § 10 para. (2) and (3) shall apply mutatis mutandis.
(2) With regard to VREEDA IoT Basic Services provided free of charge, VREEDA has the possibility of discontinuing or offering them for a fee in the future only by way of ordinary termination in accordance with § 12 para. (3). The same applies with regard to VREEDA IoT Services provided for a fee.
(3) VREEDA has the right to temporarily restrict or suspend the Customer's access to the VREEDA IoT Services at any time if VREEDA, in its reasonable discretion, concludes that (i) the VREEDA IoT Services are not being used by the Customer in accordance with the applicable Product Manual or these GTC, and (ii) the measure chosen by VREEDA is not disproportionate in view of the Customer's breach. Such a temporary restriction or suspension may not last longer than four (4) full calendar weeks.
(4) VREEDA reserves the right to limit the number of VREEDA Customer Accounts created from a Mobile Device or the number of Smart Devices assigned to a VREEDA Customer Account.
(5) VREEDA will notify the Customer of measures pursuant to para. (1) to (4) in advance by means of a Text Message.
(6) Insofar as VREEDA takes the measures pursuant to para. (1) to (4) in the exercise of reasonable discretion, any liability of VREEDA towards the affected Customer is excluded.
§ 12 Indefinite Term of Contract, Termination
(1) This contract is concluded for an indefinite period.
(2) The Customer may terminate the contract for the use of the respective VREEDA Product and the associated VREEDA IoT Services at any time and without giving reasons with immediate effect.
(3) VREEDA may ordinarily terminate the contract towards the Customer at any time with six weeks' notice to the end of the calendar month, without giving reasons. VREEDA's right to extraordinary termination for good cause, in particular in the cases explicitly mentioned in these GTC, is not affected.
(4) Termination shall in principle be effected by means of a Text Message.
(5) The Customer may also give notice of termination (impliedly) by deleting their VREEDA Customer Account or deactivating the respective VREEDA App and issuing the instruction to delete their customer account by e-mail to kundenservice@vreeda.com. In the VREEDA Customer Service Portal, the Customer will find information on such deletion or deactivation.
§ 13 Limitations of Liability
(1) VREEDA is liable without limitation only for damages based on an intentional or grossly negligent breach of contractual obligations towards the Customer by VREEDA, as well as for injury to life, body or health of the user.
(2) For a slightly negligent breach of obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely to a particular degree (essential contractual obligations / cardinal obligations), VREEDA's liability is limited to foreseeable and typically occurring damages. Damages arising from the use of the VREEDA App on Mobile Devices with full administrative access (e.g. rooting on Android) are deemed to be not foreseeable. In all other cases of slightly negligent breach of contractual obligations, VREEDA's liability is excluded.
(3) VREEDA is not liable for damages caused by misuse of the Customer's password or by erroneous inputs by the Customer. VREEDA is furthermore not liable for damages arising from usage restrictions in connection with Partner Apps or Third-Party Firmware.
(4) VREEDA furthermore accepts no liability for operational interruptions to the VREEDA IoT Services due to customary maintenance periods, as well as in the event of force majeure, industrial action or a system failure. The usability of the VREEDA IoT Services may be subject to sporadic interruptions and failures for various reasons beyond VREEDA's control, such as interruptions to the Wi-Fi connection, interruptions to the internet connection, system-inherent disruptions at providers or network operators, or other software or hardware defects in External System Elements. The Customer acknowledges this risk of limited availability of the VREEDA IoT Services. VREEDA is not responsible for damages caused by interruptions or other defects in External System Elements.
(5) VREEDA accepts no liability for the availability of VREEDA IoT Services provided free of charge.
(6) Insofar as VREEDA's liability is excluded or limited under these provisions, this also applies to the liability of VREEDA's officers, vicarious agents and agents, including VREEDA's employees and affiliated companies within the meaning of §§ 15 et seq. of the German Stock Corporation Act (AktG).
(7) Further limitations of liability are set out in § 5, § 9 para. (3), § 11 para. (6) and § 16 para. (4) of these VREEDA Terms of Use.
§ 14 Data Processing
(1) In all data processing operations (e.g. collection, processing and transmission), VREEDA acts in accordance with the statutory provisions.
(2) Further information on the type, scope, location and purpose of the collection, processing and transmission of personal data necessary for the use of the VREEDA Product and the associated VREEDA IoT Services can be found in VREEDA's Privacy Policy. The Customer can access the current version of the Privacy Policy via the VREEDA App, the VREEDA Website and the VREEDA Customer Service Portal. Available in the VREEDA Customer Service Portal at:
https://kundenservice.vreeda.de/portal/en/kb/articles/datenschutzbestimmung-vreeda-app
The Privacy Policy does not form part of these GTC or the contract between the Customer and VREEDA and may change from time to time, and should therefore be checked regularly and carefully.
(3) VREEDA takes state-of-the-art measures to protect data against unauthorised access. Nevertheless, it should be noted that, according to the current state of the art, it cannot be completely prevented that third parties gain unauthorised access to this data.
(4) The Customer has the option of using a VREEDA Product and the associated VREEDA IoT Services via Partner Apps. For the control of Smart Devices via a Partner App and the associated data processing, the partner company alone is responsible to the Customer from a data protection perspective. VREEDA has no influence over this. Regarding the partner company's handling of the Customer's personal data, the Customer must observe the partner company's terms of use and data protection notices. In order to use the VREEDA IoT Services via a partner company's app, it is necessary for the partner company to be able to access the data stored in the VREEDA Cloud and to control the VREEDA IoT Services through it. This requires the Customer's prior consent to the partner company.
The consent given may be revoked by the Customer at any time, so that the link is removed and the use of a VREEDA Product and the associated VREEDA IoT Services via Partner Apps is subsequently no longer possible.
§ 15 Third-Party Website Content
The VREEDA App may contain links or hyperlinks to third-party websites that are not under the control of VREEDA. VREEDA is in no way responsible for the content of these third-party websites (including the content of the App Stores). VREEDA provides such links or hyperlinks only as a convenience for the Customer. The inclusion of a link or hyperlink to a third-party website does not mean that VREEDA endorses or approves its content.
§ 16 Third-Party Products and Services, Partner Apps
(1) The use of the respective VREEDA Product and the associated VREEDA IoT Services generally requires the use of internet data connections or cloud services. This may give rise to additional communication costs. These costs depend on the respective mobile and internet provider and the Customer's respective tariff selection and must be borne by the Customer themselves.
(2) Third-party services integrated into the VREEDA App expand the usage options of the VREEDA App for the benefit of the Customer. As a rule, the use of these third-party services requires the creation of a user account by the Customer with the third-party provider in conjunction with acceptance of the third-party provider's general terms of use.
(3) The provision of third-party services within the VREEDA App represents additional functionality for whose availability VREEDA provides no guarantee and whose provision VREEDA may in principle restrict, suspend or discontinue at any time without notice. The respective third-party provider alone is responsible for the provision of these third-party services. VREEDA accepts no liability in this regard.
(4) VREEDA enables the use of the respective VREEDA Product and the associated VREEDA IoT Services via Partner Apps approved by VREEDA, which connect with the VREEDA Cloud and the Customer's Smart Devices.
In this case, the contract is concluded exclusively between the Customer and the respective partner company. No contractual relationship between the Customer and VREEDA exists in this case.
The partner company alone, and not VREEDA, is responsible for the Partner App, its availability and the corresponding terms of use.
VREEDA accepts no liability for the availability of VREEDA IoT Services via the Partner App. VREEDA may restrict or discontinue the availability of VREEDA IoT Services via the Partner App at any time without notice, or suspend access. The Customer has no right to the use of VREEDA IoT Services via the Partner App as originally granted. VREEDA is entitled not to activate certain functionalities in the Partner Apps – for example for security reasons.
§ 17 Transfer to Third Parties, Succession
(1) Should the Customer permanently transfer Smart Devices to a third party, the Customer is obliged to reset the respective firmware to the integration mode. In the FAQs available via the VREEDA Customer Service Portal, the Customer will find instructions on how to do this. In this case, all stored data and settings on the respective Smart Device will be reset. Furthermore, the respective Smart Device must be deleted within the VREEDA App. This deletion process ends the contractual relationship between VREEDA and the Customer with regard to the deleted Smart Device.
(2) The Customer's rights and obligations under the contractual relationship with VREEDA are not transferable. Insofar as the Customer transfers a Smart Device to a third party and does not delete it within their VREEDA App, the Customer remains responsible for compliance with the provisions of this contractual relationship.
(3) VREEDA is entitled to transfer the rights and obligations under the contract at any time to a successor, provided it is a company in which VREEDA holds the majority.
§ 18 Severability Clause, No Side Agreements
(1) Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
(2) There are no oral side agreements to these VREEDA Terms of Use.
§ 19 Place of Performance, Choice of Law, Jurisdiction
(1) The place of performance for all services owed by VREEDA is Essen as VREEDA's registered office.
(2) German law shall apply. This choice of law shall apply only insofar as it does not deprive the Customer of the protection afforded by mandatory provisions of the law of the state of the Customer's habitual residence (principle of favourability).
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
(4) The non-exclusive place of jurisdiction for all disputes arising from this contractual relationship is Essen as VREEDA's registered office.
(5) Section 19.4 applies accordingly if the Customer is a consumer but does not have a domicile or habitual residence within the European Union, or whose domicile or habitual residence is unknown at the time the action is filed.
(6) The right to also bring an action before the court of another statutory place of jurisdiction remains unaffected.
§ 20 Alternative (Online) Dispute Resolution
(1) The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) for consumers, which is accessible at https://ec.europa.eu/consumers/odr.
(2) VREEDA is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
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VREEDA GmbH
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