The QIVICON platform ("QIVICON") is a free of charge service, subject to registration, from Deutsche Telekom AG (hereinafter referred to as "Deutsche Telekom"), Friedrich-Ebert-Allee 140, 53113 Boon, Germany (Bonn District Court HRB 6794).
By registering, the customer consents to these Terms and Conditions of Use.
The services offered by third parties, and not Deutsche Telekom, that can be used with QIVICON are expressly excluded. Their terms and conditions apply exclusively thereto. Special terms and conditions apply to optional add-on services subject to a charge.
Subject to technical and operational feasibility, QIVICON enables the customer to control actuators and sensors as well as associated household automation devices ("Devices") using the QIVICON Home Base ("Home Base").
The following elements in particular shall be provided by the customer:
a) Setup assistant – for the initial configuration of the system.
b) Connection assistant – for the initial connection (pairing) of Devices with the Home Base.
c) Basic control system – a basic control system for the connected Devices.
The following components must be provided by the customer to use QIVICON:
a) Devices – only QIVICON-compatible Devices can be used with the platform. The Devices must be connected to the Home Base.
b) Home Base – the Home Base must support the communication technology of the Devices used.
c) Internet connection – the Home Base must always be connected to the Internet via a router.
d) Internet browser – A customary and up-to-date Internet browser is required for the customer access to QIVICON.
3 Technical restrictions
The coverage and the security of communication between the Home Base and the connected Devices depend on the technology used for communication. The wireless connection's coverage also depends on the individual characteristics of the building.
4 Duties and obligations of the customer
4.1 The customer shall keep personal access data (such as user ID and password) secret. This data may not be provided to third parties and must be protected against third-party access. The customer shall change the access data immediately if there is reason to suspect that it has been disclosed to any unauthorized persons.
4.2 The customer shall not be permitted to make the services provided available to third parties for sole use or for commercial use, to pass the services on to third parties, or to act as a provider himself using the services provided by Deutsche Telekom.
4.3 The customer shall not make improper use of the services.
5 Rights of use
5.1 The customer shall obtain the non-exclusive, non-sublicensable right, limited to the term of the agreement and valid worldwide, to use the services and software for his own internal purposes.
5.2 The software provided may only be used in unmodified form. By using the software, the customer consents to the licensing conditions of Deutsche Telekom or third-party providers of the software. Deutsche Telekom shall only be liable for software errors, data losses, or other damage caused by the installation or use of the software in the context of Item 6.
5.3 The customer may only use the software provided in the manner specified in the agreement. In particular, he shall not be permitted to copy, edit, transfer, modify, decompile, or convert (reverse engineer) this software.
6. Liability and risk note
6.1 Telekom shall be fully liable for any damage it causes intentionally or by gross negligence or if the damage is attributable to the lack of a guaranteed feature.
6.2 In the event of slight negligence, Telekom shall be fully liable in the event of injury to life, limb, or health. If, as a result of slight negligence, Telekom fails to perform its service on time, if it has become impossible to perform the service, or if Telekom has failed to comply with an essential obligation, liability for any damage to property or pecuniary damage caused thereby shall be limited to foreseeable damage that is typical for this agreement. An essential obligation shall be an obligation whose fulfillment is a prerequisite for the proper performance of the agreement, the infringement of which jeopardizes the achievement of the purpose of the agreement, and upon whose compliance the customer can normally rely.
6.3 Liability for all other damage shall be excluded. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
6.4 Telekom shall accept no liability for damage that occurs as a result of malfunctions and technical incidents involving actuators and sensors.
7.1 The term of use shall be unlimited. The agreement may be terminated by either party at any time, without complying with a notice period.
8.1 Deutsche Telekom reserves the right to adjust the respective scope of services to technical further developments made to QIVICON, which may also lead to the discontinuation of service features that are no longer contemporary.
8.2 Deutsche Telekom reserves the right to amend these Terms and Conditions of Use at any time without prior announcement. If considerable amendments are made to these Terms and Conditions of Use, the customer shall be informed thereof by means of a QIVICON announcement or by e-mail to the current e-mail address registered for the use of QIVICON. The current version of these Terms and Conditions of Use can be found at www.qivicon.com/nutzungsbedingungen. By continuing to use QIVICON after changes have been published, the customer consents to these changes. If the customer does not consent to the changes, he must cease from using QIVICON and delete his account. The customer shall no longer be able to use QIVICON once his account has been deleted.
8.3 Deutsche Telekom shall be entitled to transfer the rights and obligations based on these Terms and Conditions of Use without the customer's consent if the transfer of these rights and obligations does not have a negative impact on the rights of the customer as per these Terms and Conditions of Use.
8.4 Deutsche Telekom shall be entitled to provide the services by subcontracting work to third parties (subcontractors). Deutsche Telekom shall be liable for any services provided by subcontractors to the same extent that it is liable for its own actions.
8.5 The customer shall have the right to transfer the rights and obligations under this agreement to a third party only with the prior written consent of Deutsche Telekom.
8.6 Bonn shall be the place of jurisdiction for all disputes arising from or in connection with the agreement, if the customer is a merchant, a legal entity, or special fund under public law. Any exclusive place of jurisdiction shall have priority.
8.7 The contractual relations between the parties shall be subject to German law.