General Terms and Conditions of Use and Data Protection Statement for the Idevices AQS Solution for consumers and non-consumers (hereinafter referred to as “Users”)
IMPORTANT: PLEASE READ THE GENERAL TERMS AND CONDITIONS OF USE AND THE DATA PROTECTION STATEMENT CAREFULLY BEFORE YOU USE THE AQS APP. Idevices IS READY TO PROVIDE THE SERVICES TO YOU, PROVIDED THAT AND UNDER THE CONDITION THAT THAT YOU AGREE TO ALL OF THE STIPULATIONS OF THIS CONTRACT AND AGREE TO COMPLY WITH THESE.
THIS CONTRACT APPLIES TO ALL UPDATES OR SUPPORT SERVICES FOR THE SOFTWARE OR THE SERVICES RENDERED TO YOU BY THE APP, UNLESS THESE ITEMS ARE SUBMITTED TO OTHER SPECIFIC REGULATIONS.
1. Contractual object and conclusion of the agreement
2. License rights and rights of use
2.2 The user is granted the right to multiply the AQS App, made available to him and licensed by this contract, in the scope of these rights of use, as far as the respective multiplication is necessary for the use of the program (e. g. the download, the installation of the program from a temporary memory, the loading of the program, or a copy for backup purposes). In case that a version of the app or the Internet service was made available as a demo version, a use beyond the purpose of demonstration is inadmissible.
2.3 The AQS App and the Idevices Cloud Services made available to the user are subject to copyright protection, in part subject to patent rights, as well as subject to further industrial property rights, and contain trade secrets of the manufacturer.
2.4 The reverse translation of the provided software code of the app to other code forms (e. g. by decompilation) as well as other forms of inverted development of the diverse manufacturing phases (e. g. reverse engineering) are inadmissible, as long as no case regulated in article 69e subsection 1 UrhG (German Copyright Act) is existent. If the conditions of the article 69e UrhG apply, the licensee will previously contact Idevices, if he needs information on establishing interoperability of the software delivered by Idevices and other devices produced by Idevices, to programs created independent from this. Idevices reserves the right to make this information available to the licensee against appropriate remuneration. The licensee is not authorised to perform a reverse engineering of the software, neither by himself nor by third parties.
2.5 The user is not authorised to use the AQS App or the Idevices Cloud Services in a way that could damage these services or which could impair their use by third parties. The user is not authorised to use the services in order to try to achieve unauthorised access to services, data, accounts or networks in any manner.
2.6 The Idevices AQS Solution and the services connected to it have not been developed for applications in the area of security, direct personal safety and medicine, and must not be used in these areas.
3. Availability and conditions
3.1 Idevices will take reasonable expense to ensure an operation with the least possible disruption, with the target to achieve an availability of 99.9% over the year. Idevices will not assume liability for the case of inferior availability.
3.2 For this, Idevices is not responsible for bad configuration on the side of the user or in the network of the user; interruptions or other malfunctions in the Internet access of the user; general malfunctions in the Internet supply of the Idevices Cloud Services, as well as malfunctions affecting several or many servers in the computer centre/hosting provider used for the Idevices Cloud Services. This also includes malfunctions caused by Force Majeure.
3.3 The condition for the use of the AQS App made available is the utilisation of one of the supported systems published by Idevices. Idevices has the right to adapt the list of supported systems to the technical progress from time to time.
3.4 The Internet communication of the Idevices AQS Solution is intended for the use with networks typically installed at private customers, i. e. ADSL, cable modem or comparable system, for example.
3.5 The AQS App made available establishes connections via the Internet to the Idevices Cloud Services. These connections are necessary for the operation of the app as well as for the commissioning and the configuration of the Idevices AQS Solution.
3.6 If all technical framework conditions are met in the infrastructure of the licensee, the AQSHome Control Access Point establishes a permanent connection to the Idevices Cloud Services via the Internet. This connection is necessary for the operation of the Idevices AQS Solution via the Internet.
3.7 The use of the Internet may generate costs the user has to bear. Due to the regular establishment of Internet connections we expressively recommend the use of Internet connections with so-called flat rates, i. e. services which do not invoice individual time fees nor dial-in or volume charges.
3.8 Due to the mentioned time offsets, and due to malfunctions, the AQSdevices will execute commands given via the Internet with a time delay.
4. Privacy, data protection
4.1 By using the Idevices AQS Solution, the user agrees to the transmission of system-relevant information and credentials. The collection, processing and usage of data of the user is performed according to the applying data protection regulations. Address data or names are neither registered nor processed.
4.2 Idevices reserves the right to place advertisements in the scope of the Internet service. There is no entitlement to a partial or complete suppression of such contents.
4.3 Idevices is entitled to use computer and/or device information in order to improve the AQS App and the services.
5.1 Idevices guarantees that the app has been developed with greatest care and according to the state of the art. However, on the current state of technology, it is impossible to guarantee the absolute flawlessness of a software.
6.1 Idevices assumes liability in cases of positive breach of obligation, culpa in contrahendo, delayed performance, subsequent impossibility of performance, tortious act as well as due to other legal reasons, only in cases of intent and gross negligence.
6.2 In cases where culpable damage is caused to life or health or body, in cases of culpable negligence of cardinal contractual obligations (main contractual obligations), or in the case of wilful deception, Idevices shall be liable within the scope of the law.
6.3 In the case of the neglect of cardinal obligations, the liability of Idevices is limited to the typical, foreseeable damages. Insofar, indirect damages are excluded.
6.4 The extent of liability of Idevices pursuant to the German Product Liability Act remains unaffected.
7. Industrial Property Rights of Third Parties
7.1 Idevices confirms that, to their knowledge, the software is free from the rights of third parties, and that the contractual use does not violate the rights of third parties.
7.2 If the contractual use is impaired by industrial property rights of third parties, Idevices has the right, at its free discretion and at its own expense, to an extent which the customer can reasonably be expected to tolerate, to purchase licenses and/or to modify the app, to exchange the app partially or completely, or to take the app back. In case that the customer has purchased the app for a fee, Idevices will reimburse this fee in case of taking the app back. Further claims of the customer against Idevices shall be excluded.
8. Contract period and termination
8.1 The contract begins with the first start-up of AQSdevices with the AQS App and the use of the Idevices Cloud Services connected with this, and applies to the period of using the AQS App resp. the Idevices Cloud Services.
8.2 The user can terminate the contract at any time.
8.3 The contract can be terminated by Idevices with a notice period of 12 months to the end of the month. Idevices can terminate the contract in electronic form, i. e. also via e-mail or by indication in the AQS App.
8.4 The contract ends after the expiry of the agreed period of use plus possible extensions.
8.5 Idevices has the right to delete configuration and usage data immediately after the end of contract.
8.6 Furthermore, Idevices has the right to save certain credentials and configuration data in order to detect or to prevent an abuse of the Idevices Services.
8.7 The right to termination without notice for important reasons stays unaffected.
The user may disagree to the modification or adaptation within a period of one month. In case of a disagreement, the initial arrangements still apply; Idevices will then have a right of termination by serving a notice of one month. If the user does not disagree to the modification requirement within a period, the new stipulations are deemed to be agreed between the contractual parties.
9. Final provisions
9.1 A right of the customer to compensation or retention does not exist, unless the demand is indisputable or legally established by a court.
9.2 This contract is exclusively governed by German law. The legal place of jurisdiction applies. In so far as the customer is a merchant in terms of the German Commercial Code (Handelsgesetzbuch), or in so far as the customer is a public corporation, the legal place applying for Idevices applies exclusively.
C) Data Protection Statement
Idevices has big respect for your privacy and is committed to protect it.
The entire solution can be set up intuitively via a smart phone app (iOS and Android), and later be controlled comfortably with the app. The configuration of the individual devices is performed by the Idevices Cloud-Services, which is operated exclusively on German servers and is thus submitted to European as well as German data protection regulations. Furthermore, all data saved in the Idevices Cloud are completely anonymous; i. e. they do not allow any conclusions about the identity of the user and the individual usage pattern. The entire communication between Access Point, Cloud and AQS App is encrypted. No private data, as e. g. name, e-mail address or mobile telephone number, need to be entered during or after the installation of the app. This will guarantee 100% anonymity.
Our software includes free software of third parties used under the conditions of different licenses. Here you can find a list of free software used in our software, as well as the license conditions under which these are distributed. The free software will be published “as is” WITHOUT ANY WARRANTY. Our legal liability shall not be affected by this. As far as required by the respective license, we provide you with a complete, machine-readable copy of the corresponding source code of the free software.