Conrad Connect – General Terms & Conditions

March 2020

The present Terms & Conditions govern the full range of cloud-based services provided through the website https://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.). Contract language is German. Only the German language version is authoritative.

When registering on our site you will be asked to agree to the terms outlined below. If you object, please do not continue registration or usage of Conrad Connect.

  1. Conrad Connect

    1.1 Our portal 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 portal also allows remote control or monitoring of integrated products. The concrete scope of services results from the package booked by the user. 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. Only limited use may be possible after you deleted the data (e.g. deletion of payment data). The deletion of data in the portal maybe does not result in the deletion of this data in the underlying system (e.g. billing data), due to legal retention obligations.

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

    1.4 Packages are offered by Conrad Connect. These extend the possible applications of the platform in terms of the linked products and related services compared to the free basic version. An up-to-date overview of the offered packages, their scope and their conditions is available on the platform under "Pricing".

    1.5 The Services section on Conrad Connect 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.

    1.5.1 The Services section lists both services provided by Conrad Connect (“native services”) and by third parties (“partner services”).

    1.5.2 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.

    1.5.3 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.

    1.5.4 Both types of services can be subscribed to in the Services section. 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.

    1.5.5 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.

    1.6 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 copyrights, registered trademarks and the right of publicity.

  3. System Requirements & Platform Upgrades

    3.1 Using the gateway requires an internet connection and a common browser, such as Microsoft Internet Explorer or Mozilla in the latest version. 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 one 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 and each subsequent period of twelve months. Time spent carrying out maintenance, system updates or modifications shall not be regarded as a part of the operating year. As far as possible, Conrad Connect will endeavour to carry out such interruptions outside normal business hours. If foreseeable, Conrad Connect will announce the duration of the interruption in advance via the portal.. However, sentence 3 and 4 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 web services, or between smart devices, web services and service partners, Conrad Connect is part of a data transmission chain. In this context, Conrad Connect only has limited influence on an interference-free data transmission. The availability according to clause 4.1 shall therefore not apply to times in which the portal, individual web services or the connection to linked products are not available due to technical or other problems that are beyond the control of Conrad Connect GmbH (force majeure, fault of third parties, etc.).

    4.4 If you use the Portal for remote monitoring of linked products, you are aware that continuous monitoring cannot be fully ensured due to technical connection restrictions and that short-term failures are conceivable. You shall consider this in your remote monitoring of products and, in particular, take additional precautions in the event of any security-relevant measures.

  5. Costs and payment modalities

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

    5.2 Some services or packages listed in our Services section may incur one-time or periodically recurring fees. If so, we will notify you at the time you are purchasing the service. The stated fees include statutory value added tax. 

    5.3 For fee-based services, Conrad Connect accepts VISA card payments. Payments are processed by Stripe Inc., USA. Conrad Connect issues a receipt. Also for partner services, VISA card payments are accepted. Conrad Connect reserves the right to offer alternative payment methods at its own discretion. You will be informed about this in connection with the offered packages and services. 

    5.4 Fees 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. For booked packages and native services, Conrad Connect will provide a receipt to the User. In the case of partner services, invoicing is handled 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. 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. Section 7.5 applies. 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. If the service partner disables the service, section 7.5 will apply correspondingly. 

    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 Users who are a natural person and who enter a legal transaction for a purpose which cannot be attributed to their commercial or self-employed professional activity, have a cancellation right in distance contracts they enter. Distance contract refers to a contract that becomes effective without the simultaneous physical presence of the contracting parties and exclusively using remote means of communication (e.g. email, internet, telephone, fax, letter). This applies to all fee-based services offered by Conrad Connect GmbH. 

    Cancellation

    Right of cancellation

    You can cancel the contract without giving a reason within a cancellation period of fourteen (14) days, commencing on the date of entering into the contract.

    You can cancel the contract by sending an email, fax or letter to

    Conrad Connect GmbH, Klaus-Conrad-Str. 1, 92240 Hirschau/Germany, Email: feedback@conradconnect.de, Telefon: +49 30 3229 4866

    You may use the provided cancellation form, although the use of the form is not mandatory. However, your notification must reach us by the end of the cancellation period.

    Consequences of the cancellation

    If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional costs resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the date on which we receive notification of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

    If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.

    Cancellation form (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) (in letters only)
    - Date 
     
    (*cross out if not applicable)

    6.2 In the case of partner services, the respective service partner’s cancellation policy shall be observed.

  7. Service Termination

    7.1 We reserve the right to change the scope or terminate the provision of the Conrad Connect platform as free basic version 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.

    7.2 If you have booked a chargeable package, a term of one month applies for this package, unless otherwise agreed. The term is automatically extended by a further month in each case, unless one of the parties has given prior notice. Conrad Connect GmbH shall be subject to a period of 3 days before the end of the term.

    7.3 We reserve the right to terminate individual native services at any time. For future users, the respective native service becomes immediately unbookable with its removal from the Services section. Conrad Connect will immediately notify of the removal users who have already booked the native service and specify a time from which the service will be permanently suspended. As a rule, however, this will not be the case before the end of the current booking period. The same applies to partner services.

    7.4 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.

    7.5 Conrad Connect may terminate native services or packages without giving notice for good cause, particularly in the case that payment fails as described in section 5.5. The user will be informed about this consequence in a separate email. The booked native service will not be available anymore to the user. This applies accordingly to partner services.

  8. Liability

    8.1 We provide the Conrad Connect gateway as a basic version free of charge, until recalled. Accordingly, we shall not be liable for material defects or defects of title of the portal in its basic version. This shall not apply if Conrad Connect has fraudulently concealed a material or legal defect and the user has suffered a loss.

    8.2 For the use of Conrad Connect within the scope of a paid package or the services to be purchased, the respective statutory warranty regulations apply.

    8.3 Conrad Connect is liable for intent and gross negligence. Conrad Connect GmbH shall be liable for slight negligence in accordance with the Product Liability Act as well as for damages resulting from injury to life, body or health of persons.

    8.4 Furthermore Conrad Connect GmbH shall be liable for slight negligence only in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the fulfilment of which the user may regularly rely (cardinal obligation).

    8.5 As bridge between users’ smart devices, between smart devices and webservices, or between smart devices, webservices and service partners, 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.

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

  9. Online Dispute Resolution | Dispute Resolution Consumer

    9.1 The European Commission has set up an Internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from contracts concluded online. You can access the platform via the following link: http://ec.europa.eu/consumers/odr/.

    9.2 We are not obliged to take part in any dispute resolution proceedings before a consumer arbitration board and we do not participate in consumer arbitration proceedings under the Consumer Dispute Resolution Act. 

  10. Supplemental Terms & Jurisdiction

    10.1 No oral supplemental agreement applies. If any provision of this Agreement is held unenforceable, then the validity of the remaining provisions shall remain unaffected. 

    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). The applicability of mandatory consumer protection regulations remains unaffected.

    10.3 If you are a merchant within the meaning of commercial law, a public corporation or a special fund under public law, the sole place of jurisdiction for any disputes arising from this contractual relationship shall be the registered office of Conrad Connect.

    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 Conrad Connect reserves the right to change these terms of use at any time and adapt them to current requirements. Should the amended terms of use contain changes that affect essential parts of the contract, Conrad Connect will explicitly inform the user of this fact. With this information, the User is given the opportunity to agree to the change within a reasonable period of time.

    11.6 In case that amendments to this Agreement do not affect any essential provisions, the User may object to the amendments within four (4) weeks from receipt of notification. Intended amendments to these Terms and Conditions will be communicated to the User by email using the provided email address before they will become effective. If the User does not object before they become effective, the amended Terms and Conditions will be deemed accepted. The User will be specifically informed of this consequence in the notification.