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Terms of use

State: 16th of December 2015

Terms of use for the Internet Service Platform

Preamble

As a provider ("Provider"), the companies Busch-Jaeger Elektro GmbH, Lüdenscheid, ABB Stotz-Kontakt GmbH, Heidelberg, and, where necessary, other companies affiliated therewith within the meaning of Section 15 AktG (German Companies Act) (jointly referred to as: "ABB Companies") provide services to the user ("User") via the internet through the Internet Service Platform.

For the time being, use of the Internet Service Platform is only possible in selected countries. The Provider reserves the right to extend accessibility to other territories.


  1. User account

    Use of the Internet Service Platform shall require that a user account for the User first be set up with the Provider. This user account shall be intended solely for the use of the Internet Service Platform. To access to the user account, the User shall require an individual user name and an individual password. When creating the user account, the User shall define the user name and password independently. The User shall be responsible for keeping the aforementioned identification data confidential and protecting said data against access by third parties.

    If the password is lost, it shall be possible to temporarily regain access to the user account with an initial password which the User can have sent on request to the User's saved e-mail address through the Internet Service Platform. After successful login to the user account, the initial password must be replaced immediately by a new individual user password for the User. The User shall bear the sole responsibility for the security of its e-mail account. The User shall be aware, for example, that if third parties gain access to its e-mail account, the data sent to said account for a new initial password would no longer be secure.

  2. Services offered on the Internet Service Platform and use of said services

    The User shall have the option of using, through the Internet Service Platform, the respective services offered by the Provider, depending on availability.

    The internet services shall comprise, for example, the services indicated below.

    1. Remote control of the "Welcome" door communication systems, free@home home automation systems and mixed systems via the internet

      Remote control via the Internet Service Platform allows the User to control a Welcome or free@home system in a house or building and retrieve information about the functions or use of said devices from a different location, e.g. from a smartphone. This Internet Service Platform service solely constitutes a supplemental service provided in addition to the basic functions of the devices and to general commissioning and maintenance functions, etc. In particular, this means that the services of the Internet Service Platform, as well as the use of said services in connection with mobile devices (e.g. smartphones), for example, shall not be considered a substitute for operating or display devices connected by wire or radio, such as indoor stations for door communication systems or stationary sensors for building automation systems, or for on-site commissioning, parameter setting, maintenance, inspection or repair work. Devices which can be controlled via the Internet Service Platform are redefined by the Provider from time to time, and the list of said devices may expanded or reduced by the Provider.

    2. Sending of information via e-mail in connection with the aforementioned services or the user account (e.g. new functions/services which are made possible by the user account).

      The Provider reserves the right to provide additional services through the Internet Service Platform at any time or to restrict or temporarily or permanently discontinue services. Additionally, the Provider shall not be held responsible or liable if, due to circumstances beyond the control of the Provider, the services or the distribution thereof are interrupted or become impossible for the Provider.

      This means that the User alone shall bear the consequences resulting from a potential failure or a restriction or termination of services.

      Under no circumstances must the Internet Service Platform be used for activities which require approval or permission from public authorities or which result in the use of proprietary rights (especially copyright) held by third parties or illegal activities.

  3. Fees

    Use of the Internet Service Platform and the services thereof shall initially be free of charge. The Provider reserves the right to charge a fee for the use of the Internet Service Platform or individual added functions in the future.

  4. Interruption of access to the Internet Service Platform or its services, security measures

    The Provider hereby grants the User the ability to use each of the services provided, depending on availability; the Provider cannot and does not intend to guarantee uninterrupted access to the Internet Service Platform, its services or communication via said Internet Service Platform or via the user account. Under no circumstances shall the Provider be responsible or liable for the interruption of access to or communication via the Internet Service Platform or the user account, e.g. in cases of general malfunction affecting Internet connections and Internet traffic or due to viruses and other attacks on the IT system by third parties, despite the use of appropriate security mechanisms involving the latest technology. The User shall ensure that each of its personal security mechanisms (e.g. virus protection) on its devices connected to or used with the Internet Service Platform or the services thereof is maintained to reflect the latest technological advances.

  5. No claims for defects

    Because the Provider merely provides a communication platform on the basis of availability and also keeps it in a current condition free of charge, the User shall not be entitled to assert any claims for defects, except in cases of wrongful intent or malice.

  6. General provisions contingent upon the registered office, legal residence or usual place of residence of the User

    Section A:

    The provisions contained in Section A shall apply to Users who are consumers and whose legal residence or usual place of residence is in Germany when the agreement is concluded:

    A.1 Liability

    Claims for damages by the User against the Provider, for any cause in law whatsoever, in particular due to a breach of duties under the obligatory relationship or as the result of tortious acts, are hereby excluded.

    This shall not apply where liability is required as follows:

    a) Under product liability laws; b) In the event of wrongful intent or gross negligence on the part of the Provider or a legal representative or agent of the Provider; c) In the event of malice; d) In the event of a failure to satisfy a guarantee; e) For damage resulting from the intentional or negligent injury to life, limb or health; or f) On account of the intentional or negligent breach of fundamental contractual obligations.

    However, any claim for damages resulting from a breach of fundamental contractual obligations shall be limited to foreseeable damages typically provided in standard contractual provisions, unless any of the other aforementioned circumstances is present.

    No change in the burden of proof to the detriment of the User shall be associated with the preceding provisions.

    A.2 Applicable law

    This agreement, including the construction thereof, shall be subject to German substantive law.

    A.3 Special provision regarding place of jurisdiction

    If, once the agreement has been concluded, the User should move its legal residence to a location outside of Germany, then the place of jurisdiction for any action brought against the User shall be the registered office of the Provider; this shall also apply if the legal residence or usual place of residence of the User is unknown when the action is brought.

    Section B:

    The provisions contained in Section B shall apply to Users who are consumers and whose legal residence or usual place of residence is in Switzerland when the agreement is concluded.

    B.1 Liability

    Unless otherwise stipulated in this agreement, User claims for damages, for any cause in law whatsoever, in particular due to a breach of duties under the obligatory relationship or as a result of tortious acts, are hereby excluded.

    This shall not apply where liability is required as follows:

    a) Under product liability laws; b) In case of unlawful intent; c) In the event of gross negligence; or d) On account of the intentional or negligent injury to life, limb or health.

    B.2 Applicable law

    This agreement, including the construction thereof, shall be subject to Swiss material law, excluding the principles on conflicts of law.

    Section C:

    The provisions contained in Section C shall apply to Users who are consumers and whose legal residence or usual place of residence is in a member state of the European Union (EU), excluding Germany, or in Iceland, Liechtenstein or Norway when the agreement is concluded:

    C.1 LIABILITY

    UNLESS OTHERWISE STIPULATED IN THIS AGREEMENT, CLAIMS FOR DAMAGES BY THE USER AGAINST THE PROVIDER, FOR ANY CAUSE IN LAW WHATSOEVER, IN PARTICULAR DUE TO A BREACH OF DUTIES UNDER THE OBLIGATORY RELATIONSHIP OR AS A RESULT OF TORTIOUS ACTS, ARE HEREBY EXCLUDED.

    THIS SHALL NOT APPLY WHERE LIABILITY IS REQUIRED AS FOLLOWS:

    A) UNDER MANDATORY PRODUCT LIABILITY LAWS; B) IN THE EVENT OF WRONGFUL INTENT OR GROSS NEGLIGENCE ON THE PART OF THE PROVIDER OR A LEGAL REPRESENTATIVE OR AGENT OF THE PROVIDER; C) IN THE EVENT OF MALICE; D) IN THE EVENT OF A FAILURE TO SATISFY A GUARANTEE; E) FOR DAMAGE RESULTING FROM THE INTENTIONAL OR NEGLIGENT INJURY TO LIFE, LIMB OR HEALTH; F) ON ACCOUNT OF THE INTENTIONAL OR NEGLIGENT BREACH OF FUNDAMENTAL CONTRACTUAL OBLIGATIONS.

    HOWEVER, ANY CLAIM FOR DAMAGES RESULTING FROM A BREACH OF FUNDAMENTAL CONTRACTUAL OBLIGATIONS SHALL BE LIMITED TO FORESEEABLE DAMAGES TYPICALLY PROVIDED IN STANDARD CONTRACTUAL PROVISIONS, UNLESS ANY OF THE OTHER AFOREMENTIONED CIRCUMSTANCES IS PRESENT.

    No change in the burden of proof to the detriment of the User shall be associated with the preceding provisions.

    C.2 Applicable law

    This agreement, including the construction thereof, shall be subject to German material law, excluding the principles on conflicts of law.

    Section D:

    The provisions contained in Section D shall apply to users who are consumers and whose legal residence or usual place of residence is not in a member state of the European Union (EU) and also not in Iceland, Liechtenstein, Norway or Switzerland when the agreement is concluded:

    D.1 LIABILITY

    UNLESS OTHERWISE STIPULATED IN THIS AGREEMENT, CLAIMS FOR DAMAGES BY THE USER, FOR ANY CAUSE IN LAW WHATSOEVER, IN PARTICULAR DUE TO A BREACH OF DUTIES UNDER THE OBLIGATORY RELATIONSHIP OR AS A RESULT OF TORTIOUS ACTS, ARE HEREBY EXCLUDED.

    THIS SHALL NOT APPLY WHERE LIABILITY IS REQUIRED AS FOLLOWS:

    A) UNDER MANDATORY PRODUCT LIABILITY LAWS; B) IN THE EVENT OF WRONGFUL INTENT OR GROSS NEGLIGENCE ON THE PART OF THE PROVIDER OR A LEGAL REPRESENTATIVE OR AGENT OF THE PROVIDER; C) IN THE EVENT OF MALICE; D) IN THE EVENT OF A FAILURE TO SATISFY A GUARANTEE; E) ON ACCOUNT OF THE INTENTIONAL OR NEGLIGENT INJURY TO LIFE, LIMB OR HEALTH; F) ON ACCOUNT OF THE INTENTIONAL OR NEGLIGENT BREACH OF FUNDAMENTAL CONTRACTUAL OBLIGATIONS.

    HOWEVER, ANY CLAIM FOR DAMAGES RESULTING FROM A BREACH OF FUNDAMENTAL CONTRACTUAL OBLIGATIONS SHALL BE LIMITED TO FORESEEABLE DAMAGES TYPICALLY PROVIDED IN STANDARD CONTRACTUAL PROVISIONS, UNLESS ANY OF THE OTHER AFOREMENTIONED CIRCUMSTANCES IS PRESENT.

    No change in the burden of proof to the detriment of the user is associated with the preceding provisions.

    D.2 Applicable law

    THIS AGREEMENT, INCLUDING THE CONSTRUCTION THEREOF, SHALL BE SUBJECT TO GERMAN MATERIAL LAW, EXCLUDING THE PRINCIPLES ON CONFLICTS OF LAW AND EXCLUDING THE PROVISIONS OF GERMAN CONSUMER PROTECTION LAWS.

    Section E:

    The provisions contained in Section E shall apply to Users who are business owners:

    E.1 Liability

    Liability by the Provider is hereby excluded, except in cases of wrongful intent, gross negligence or mandatory liability.

    E.2 Applicable law

    This agreement, including the construction thereof, shall be subject to German substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the principles on conflicts of law; application of Sections 305 – 310 of the German Civil Code (BGB) is hereby excluded.

    E.3 Court of arbitration

    All disputes arising in connection with this agreement or pertaining to the validity thereof, shall be decided conclusively by the German Institution of Arbitration e.V. (DIS), without possibility of recourse to legal action. The place of the arbitration proceedings shall be Frankfurt (Germany). The language of the arbitration proceedings shall be German.

  7. Amendments to these terms of use, revocation of the right of use

    Amendments to these terms of use shall be disclosed to the User in written form no later than six weeks prior to the date on which they are to come into force. If the User continues its use, the new terms of use shall apply from the announced date on which they are to come into force. If the User objects to the new terms of use, the User shall discontinue its use starting from the announced date on which said terms are to come into force; in this case, the Provider shall also be entitled to revoke the User's right to use the provided services with immediate effect and to block the User's user account.

    The Provider's ability to amend the provided services and the content of the services at any time shall not be affected thereby.

  8. Confidentiality

    The User shall keep all Provider information and documentation that becomes known to the User, or to persons associated with the User, confidential when dealing with third parties and shall not make said information and documentation accessible to third parties in any manner whatsoever. The User shall also place any persons involved on its own side under appropriate obligations to preserve confidentiality.

  9. Term and termination of the agreement

    This agreement shall come into force upon the User's acceptance, on the webpage provided by the Provider, of these terms of use and of any other requirements indicated.

    The agreement shall be unlimited in time. The agreement can be terminated by both parties with a notice period of 4 weeks.

    The User's right of use shall expire automatically without notice if the User violates any term of this agreement. If the violation does not concern a fundamental breach of contract, this consequence shall only apply (i) after a repeated breach of the same or a similar duty, or (ii) after the User has, to no avail, been warned with a request to resolve the condition created by the breach of duty. Upon termination of the right of use/agreement, all user data shall be permanently deleted.

  10. Final provisions

    The terms and conditions set forth herein shall apply exclusively. User terms and conditions which deviate from or supplement said terms and conditions shall not be binding on the Provider, even if the Provider does not state any objection. This shall also apply in the event that the User states its intent to conclude the agreement solely on its own terms.

    Any amendments and additions to these licensing terms must be made in writing.

    Should individual provisions of this agreement become invalid, the validity of the remaining provisions of the agreement shall not be affected thereby. The invalid provisions should be replaced by a provision which most closely approximates the economic intent of the invalid provisions.