Terms of Use

Terms of Use for WR-Connect

RADEMACHER GERÄTE-ELEKTRONIK GmbH, Buschkamp 7, D-46414 Rhede/Westfalen, as manufacturer and licensor (hereinafter "Licensor"), grants you, the user and the licensee (hereinafter "Licensee"), the right to use the portal found at rademacher.de/login to control home automation systems ("WRConnect") in accordance with the following conditions (hereinafter "Terms of Use").

§ 1 Subject Matter and Scope of the Terms of Use

1. The subject matter of these Terms of Use is the granting of the rights of use for the WRConnect portal from the Licensor to the Licensee, and the regulation of said use within the framework of the application of the offered functions. The use of WRConnect requires registration as per § 3.

2. WRConnect is made available free of charge as a web-based application. WRConnect can be used on all current browsers (MS-Internet Explorer, Safari, Firefox, Chrome) in the current version. The installation of further client software is not necessary.

3. WRConnect serves to control the systems of RADEMACHER home automation via a RADEMACHER HomePilot. It is not compatible with products from other manufacturers. Not all RADEMACHER products can be controlled via WRConnect. A list of the current devices which can be controlled can be accessed via WRConnect.

4. The Licensee is not entitled to make changes to the application, or to interfere with it, either themselves or via a third party. The source code remains solely the property of the Licensor.

5. These Terms of Use shall apply – insofar as this is not elsewhere explicitly regulated – to both consumers and to companies. A consumer is any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation (§ 13 BGB [German Civil Code]). A company is a natural or legal person, or a legal partnership acting in the course of a legal transaction in the exercise of their commercial or independent professional activity (§ 14 Abs. 1 BGB).

§ 2 Granting of Rights of Use, Availability

1. With the registration, the Licensor grants the Licensee non-exclusive rights of use for the respective application. The rights of use are granted for use of the application in accordance with these Terms of Use for their own purposes in connection with RADEMACHER products.

2. The granting of the rights of use is dependent upon the following resolutory conditions:

• the Licensee acknowledges the authorship of the Licensor and in particular will neither change nor delete any authorship notes;

• the Licensor will not change and/or decompile the application (the entitlements of the licensee contained in §§ 69d and 69e UrhG [German Copyright Code] shall remain unaffected).

3. Insofar as the Licensor permits the transference of the rights of use by the Licensee to a third party, the Licensee shall ensure that said third party shall also acknowledge these Terms of Use and shall be subject to all rights and obligations arising therefrom.

4. WRConnect is provided free of charge with an average annual availability of 99.5%. Any maintenance pre-advised a minimum of seven (7) days in advance is not included in this calculation. RADEMACHER shall endeavour to complete maintenance during the times when the application is least used.

§ 3 Registration

1. For the proper use of the application, the Licensee is obliged to register themselves and create user account details. This involves entering complete and correct information about their identity, email address, customer number if applicable and other user data, and to update it in the event of any changes. In addition to this, they are obliged to inform the Licensor if they are no longer entitled to use the system (e.g. through sale of the house in which the system is operated to a new owner). Any violation of this obligation entitles the Licensor to exclude the Licensee from use of the application.

2. The Licensor can lock a user account if there is any suggestion that the user account is being used by an unauthorised person and/or if it is determined that the user account is being used, without authorisation, to access or attempt to access the application or the Licensor's systems behind it ("hacking"). In such a case, the Licensor shall immediately advise the affected Licensee via the email address registered to the user account and re-enable their access with the creation of a new user account, unless there is evidence to suggest that it was the Licensee themselves who had attempted unauthorised access to the systems of the Licensor.

3. The Licensor may terminate this contract with immediate effect and delete the user account if the Licensor's systems are permanently (for over 72 hours) unable to establish a connection with the Licensee's system and the Licensor shall notify the Licensee thereof via email to address registered and via the application if no solution is found within one week of the notification.

§ 4 Liability

1. The Licensor shall be liable without limitation insofar as damages are caused deliberately or by gross negligence on the part of the Licensor or their legal representatives or agents. The Licensor shall also be liable without limitation in relation to injury to life, body and health. In addition to this, the Licensor shall be liable without limitation for guaranteeing the functions of the application and in legal terms according to mandatory law, in particular product liability law and product safety law.

2. In addition to this, the Licensor shall be liable without limitation in the event that these obligations are violated as a result of simple negligence, the fulfilment of which obligations initially enable the proper performance of the contract and upon which the contractual partner may regularly rely ("cardinal obligations"), albeit up to the amount of typically foreseeable damages. In other cases of simple negligence, liability is excluded.

3. The Licensor shall not be liable for damages resulting from faulty installation by an unauthorised representative or from the use of end devices which do not sufficiently meet the system requirements.

4. The Licensor shall not be liable for further costs incurred through the use of the application (in particular costs for data transfer via mobile telephones including roaming). This exclusion of liability shall not apply insofar as the Licensor is deemed to have been grossly negligent or caused with deliberate intent.

§ 5 Extraordinary Right of Cancellation

The Licensor is entitled to cancel this licence contract for exceptional reasons, in particular in the event of serious violation of these Terms of Use or authorship of the application.

§ 6 Concluding Provisions

1. If any of the conditions of use of this agreement should be or become invalid then it shall be replaced by another condition which corresponds as closely as possible to the economic purpose of the invalid condition. If a condition of use should be or become invalid none of the other conditions of use or agreements contained herein shall be affected.

2. The Terms of Use can, at the discretion of the Licensor, be amended or altered to a reasonable extent for the Licensee. In this case, the registered Licensee will be informed at least six weeks in advance of the effective date of the amendment or alteration in writing (e.g. via the email address registered for the Licensee or via the information service for the product). The amended or altered Terms of Use shall apply insofar as the Licensee does not submit an objection before the effective date of the amendment or alteration after the Licensor has comprehensively explained the consequences of their silence. If the Licensee does submit an objection, the Licensor can cancel this agreement with 1 month's notice after the notification of objection.

3. German Law shall apply. The jurisdiction is the business headquarters for Rademacher, insofar as the Licensee is a merchant, a corporate body under public law or a special fund under public law.

Status Juli 2018