The heating control app (eRELAX, MiGO, vSMART, multiMATIC) of Vaillant GmbH, Berghauser Str. 40, 42859 Rem-scheid, Germany (hereinafter referred to as “Vaillant”) provides the customer (hereinafter also referred to as “sub-scriber”) with a heating control app for smart phones on the basis of iOS and Android operating system and within the scope of the available technical and operational possibili-ties.
1.1. The subscriber must register to be able to use the services of the heating control app ("initial registra-tion"). Depending on the individual services used, the subscriber is requested to provide certain data ("registration data") when registering for the first time.
1.2. The subscriber must select a user name and a password ("access data") on initial registration and state the serial number of his gateway and an email address which identify him as authorised user of the services. After initial registration the subscriber is as-signed a personal area ("user account") for the use of the services and the administration of his registra-tion data. The subscriber must enter the user name and the password for access to the user account.
1.3. Only persons of 18 years of age and over are enti-tled to use the services.
In order to be able to use the heating control app from Vaillant, you must register via the internet and have an internet-capable smart mobile device which supports one of the following operating systems:
• iOS
• Android
Please refer for functions, system requirements and versions of iOS and Android supported at https://www.vaillant-group.com/doc/app-compatibility/
3.1. In terms of convenience and suggested energy sav-ings, the heating control app offers the following customer benefits which will depend on the custom-er’s technical home or office equipment:
•Central heat control for home and office
•Consumption-optimised heating through individual time- and situation-controlled temperature adjustments
•Notifications in accordance with defined rules
•Tips on improved system settings
•Reports on energy consumption and tips on savings
3.2. The functions of the heating control app are con-stantly extended on the basis of Vaillant’s heating control portfolio. If Vaillant offers software updates, these will be provided at irregular intervals. It is es-sential to download the updates to ensure that the customer can use the most up-to-date software ver-sion and can use the latest functionalities.
3.3. Vaillant points out that the functionality may not be given or may be restricted if the updates are not in-stalled. In this case, Vaillant shall not be liable if a de-fect would not have occurred if the latest software ver-sion had been installed. Vaillant aims to make sure that the app works as described in these terms of use but cannot guarantee that this will always be the case. You should not rely on the app working at all times.
4.1. Vaillant grants the customer a non-exclusive, non-sublicensable and worldwide right to use the soft-ware for their own personal use during the term of this agreement.
4.2. The customer agrees not to alter the software pro-vided by Vaillant, and to use it only in accordance with these terms and conditions. It is the responsibil-ity of the customer to secure all existing data on his smart mobile device before installing the software.
4.3. The customer is not permitted in particular to copy, edit, transfer, modify, decompile or convert the app to another format (reverse engineering) unless per-mitted by Vaillant or by applicable law.
4.4. Vaillant shall also have the right to extend or modify the app, the services, make improvements and also withdraw the use of particular services or functions, for example in order to implement a technical im-provement, if Vaillant deems it to be reasonably necessary, or for the prevention of misuse. The modifications made by Vaillant may mean that the appearance, navigation or functions of the app are changed.
5.1. Vaillant provides the heating control app free of charge.
5.2. The installation of the software and the use of the services require a regular data transmission from the subscriber’s smart mobile device. The scope and frequency of the data transmission will depend on the type and scope of service use. The connection costs arising from the data transmission, costs of in-stallation, maintenance and set up, shall be borne by the subscriber. The amount you may be charged is subject to your agreement with your internet service provider.
6.1. The subscriber must keep their access data confi-dential to prevent unauthorised access to their ac-count. Vaillant will follow industry standard practices to protect the app from unauthorised access and hacking. If the subscriber's account has been hacked, or if he suspects such, he must alter his password. You should also inform Vaillant immedi-ately as it may be possible to have access to the in-ternet gateway blocked, if necessary.
7.1. These terms and conditions do not exclude our lia-bility (if any) to you for: personal injury or death re-sulting from our negligence; fraud; or any matter which it would be illegal for us to exclude or to at-tempt to exclude our liability.
7.2. We are only liable to you for losses which you suffer as a direct result of our breach of these terms and conditions, and shall have no liability for any indirect or consequential loss or damage incurred by you in connection with the app, or your use, or inability to use, the app or any of the services.
7.3. We cannot guarantee that the app will be compatible with any hardware or software you might use, and so are therefore not responsible to you, in particular, for any data loss or hardware faults which are caused by incompatibility of anything on your smart mobile device with any hardware and software we provide. Nothing in these terms and conditions affects or lim-its your statutory rights.
7.4. The heating control app has not been designed to provide or replace the relevant safety functions of your heating system, or the need to call us in the event of an emergency. Therefore, any use of this app shall be at the subscriber’s own risk. Vaillant shall assume no liability for any loss or damage caused due to malfunctions, and technical errors with your heating system's actuators and sensors.
The customer may terminate this agreement at any time by deleting/uninstalling the app from his smart mobile device. Vaillant may also withdraw the app for the reasons outlined above in clause 4.4, after two years upon installation or may suspend your ac-cess to the app for good cause. A good cause for Vaillant shall in particular exist if the customer signif-icantly infringes these Terms and Conditions of Use.
9.1. Vaillant is entitled to provide the services using third parties as subcontractors. Vaillant is liable for the provision of services by subcontractors in the same way as it is liable for its own actions.
9.2. If you have a complaint about this app or any of the goods or services we provide, you should contact us and we will try and resolve it as soon as possi-ble. However, if we have a dispute regarding your use of the app or these terms and conditions, the courts will use German law to determine that dis-pute. If you wish to take legal action against us, as we are a German company you should do so in the German courts. However, the jurisdiction of the German courts to hear a dispute shall be non-exclusive, and nothing in these terms will affect an individual consumer's right to bring a claim in the English courts.