Terms of use for the Becker-Antriebe Gateway Server
By registering for the service and accepting these terms of use, a licence agreement is concluded on the use of the Becker-Antriebe Gateway Server (“Server”) between you and
BECKER-Antriebe GmbH
Friedrich-Ebert-Straße 2-4
35764 Sinn
Germany
Telephone: +49 (0) 2772/507-0
Email: info@becker-antriebe.com
Website: https://www.becker-antriebe.com/home.html
(hereinafter “Becker-Antriebe”, “we” or “us”).
By accepting, you agree to the following licence conditions and terms of use.
Section 1 Use of the Server
By registering, Becker-Antriebe grants you the free, non-exclusive, non-transferable right to use the Server on a device owned by you or in your possession, on which the software is executable according to system requirements.
The Server is constantly being developed and new functions and services beyond the free basic version are therefore offered at regular intervals. Additional functions and services within the Server are or may become subject to a fee. In this case, Becker-Antriebe will inform you of the prices and features in advance. The free control of components in the home network (WLAN) remains unchanged and usable in any case.
You are not entitled to modify, reverse engineer, decompile, disassemble, or otherwise determine the program code of the Server, the user interface, or any part thereof, or create works derived from it.
The aforementioned conditions also apply to all updates/upgrades and program additions for your Smart Home device, which are made available to you for download via Becker-Antriebe unless they are subject to a separate license agreement. In this case, only the terms of the license terms valid for the respective update/upgrade or program supplement shall apply.
Becker-Antriebe reserves all rights to the Server and user interfaces.
Section 2 Obligation to cooperate
When using the Server, you must observe the necessary due diligence for use and check the results generated by the software to a reasonable extent before using it.
You are obliged to keep all access data, such as your user name and password, safe.
The condition for using the Server is the installation of a Becker-Antriebe Smart Home device.
You are responsible for the professional installation and connection to your home network.
Future software security updates, as well as new, improved functions and updates for troubleshooting, which do not objectively put you in a worse position than the performance agreed upon the conclusion of the contract and which do not deviate significantly from this, will be displayed to you by the Smart Home system and your consent will be obtained before installation. Approval for updates is managed by the operating system of your mobile device; the rules and settings of your operating system apply.
If necessary, adjust these accordingly and obtain information from your provider. Becker-Antriebe has no influence on this.
If you have purchased the Server as an entrepreneur within the meaning of Section 14 BGB (German Civil Code), the duty to disclose defects in accordance with Section 377 HGB (German Commercial Code) shall apply.
Section 3 Warranty and liability
(1) In the following cases, liability is governed by the statutory provisions:
- for damage caused intentionally or through gross negligence,
- for damage resulting from non-compliance with written guarantees to the extent covered by the purpose of the guarantee,
- in cases of malicious intent,
- in cases of bodily harm or personal injury,
- in cases of product liability in accordance with product liability law.
(2) If liability is not governed by the statutory provisions in accordance with Section 3 Para. 1, the following shall apply:
In the event of intent or gross negligence and in the absence of a guaranteed property, Becker-Antriebe shall be liable for all damages resulting therefrom without limitation.
If Becker-Antriebe is in default with its performance due to slight negligence, if its performance has become impossible or if Becker-Antriebe has violated an essential obligation, liability for damage to property and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract.
An essential obligation is one the fulfilment of which is essential for the proper execution of the contract, the violation of which endangers the attainment of the purpose of the contract and on compliance with which the customer may regularly rely.
Liability for all other damage is excluded, in particular for data loss or hardware malfunctions caused by components present on the customer’s PC system that are incompatible with the new or modified hardware and software and for system malfunctions that may result from existing incorrect configurations or older, disruptive drivers that have not been completely removed.
(3) The Smart Home system is not designed to display and replace safety-relevant functions or emergency calls, as is the case, for example, for alarm systems. Therefore, any use of these services is at your own risk. Becker-Antriebe assumes no liability for damage caused by malfunctions, technical malfunctions of actuators and sensors.
(4) The warranty period for material defects and defects of title for software that you have purchased as an entrepreneur in return for payment is 12 months. This does not apply if liability is governed by the statutory provisions.
Section 5 Support
In the event of problems using the service, you may contact Becker-Antriebe as follows:
support@becker-antriebe.com or by post to Becker Antriebe GmbH, Technischer Service, Friedrich-Ebert-Straße 21, 35764 Sinn.
The purpose-based usage of your customer data takes place with establishing contact.
You can grant Becker-Antriebe, notably customer hotline employees, access to the system status (e.g. personal data, configuration data, historical data, system data).
Becker-Antriebe will keep the customer history for 5 years after the last interaction with customer support in order to process possible enquiries and to fulfil the legal documentation obligations.
Contractual or legal retention periods remain unaffected by this.
Section 6 Violations against these terms of use
You agree to only use the Becker-Antriebe services for purposes that do not violate these terms of use or applicable German law or violate the rights of third parties.
Section 7 Changes to the terms of use
Becker-Antriebe reserves the right to change and/or supplement individual provisions from these terms of use, which do not relate to the main performance obligations. You will be notified of any changes in advance.
You have the right to object to such changes to these terms of use. In this case, Becker-Antriebe is entitled to terminate the legal relationship with you and to prohibit further use of the service.
If you do not object to the changes within six weeks of notification, this shall be deemed as acceptance of the new terms of use.
Section 8 Applicable law, place of jurisdiction
The substantive law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are not a consumer or have no ordinary place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from or in connection with this agreement is Gießen, Germany.
Section 9 Severability clause
If individual conditions or parts of the contract be invalid, the remaining conditions and parts of the contract remain in force.
Version: 1.0