Terms of use for Serea Smart Lock App
pewag Schneeketten GmbH, Gaslaternenweg 4, 8041 Graz, Austria, as manufacturer and licensor (hereinafter referred to as the “Licensor”) grants you, the user and licensee (hereinafter referred to as the “Licensee”), the use of the Serea Smart Lock APP (hereinafter referred to as the “App”) in accordance with these terms of use (hereinafter referred to as the “Terms of Use”).
1. Subject matter and scope of the Terms of Use
1.1 the subject matter of these Terms of Use is the granting of rights of use to the Licensor’s app to the Licensee for use with the Serea Smart Lock product (the “Product”) and the regulation of the use of the functions currently available within the scope of the app. The App can be used as part of the operation of the Licensee’s Product. An active internet connection must be available for some additional functions (e.g. sharing). Further technical requirements and the appropriate installation instructions can be found in the accompanying materials here. Installation of the app is free of charge. Use of the app requires registration in accordance with § 5 and consent to the privacy policy for Serea Smart Lock. The privacy policy can be found here.
1.2 the App consists of the object code of the App as provided by the Licensor for the respective end device used (hereinafter “Device” or “End Device”) via the Apple App Store or Google Play platforms for download and installation.
1.3 These Terms of Use apply – unless explicitly stated otherwise – to both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession (Section 1(1)(2) KSchG). An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 1 (1) Z21 KSchG).
2. Updates
2.1 the Licensor shall provide updates for the App (hereinafter referred to as “Updates”) for installation. This ensures the security of the App, takes account of changes to the functions of the App and adapts the App to ongoing technical developments. Updates for the firmware software of the lock can also be made available via the APP.
2.2 the licensee is not entitled to the provision of updates.
2.3 the licensee accepts that the licensor will only ever maintain the current version of the app and the firmware software.
3. Granting of rights of use, availability, open source software
3.1 the app is protected by copyright.
3.2 by registering, the licensor grants the licensee (see § 5 on the obligation to register) simple rights of use for the app. These rights of use to the app are granted for use of the app in accordance with these terms of use for the licensee’s own purposes in connection with the product.
3.3 the granting of the rights of use to the app is subject to the following resolutory conditions:
a. The Licensee acknowledges the Licensor’s authorship and, in particular, does not change or remove any copyright notices identifying the App.
b. The Licensee shall not modify and/or decompile the proprietary components of the Apps (the Licensee’s rights contained in Section 40e UrhG remain unaffected). If the Licensee makes changes to the App, for example by using its own software, the Licensor is entitled to immediately block the Licensee’s account. The Licensor shall not be liable for any damages resulting from such a change.
3.4 If the Licensor permits the Licensee to transfer rights of use to the App to a third party, the Licensee shall ensure that the third party also accepts these Terms of Use and enters into all rights and obligations arising therefrom.
3.5 some of the app’s functions require a connection to a system (“backend”) of the licensor via the Internet. The Licensor guarantees an annual average availability of 95%. Maintenance announced at least seven (7) days in advance (max. 5 hours/week on an annual average) shall not be taken into account. The Licensor shall endeavor to carry out maintenance in time windows in which the app is rarely used.
4. Supported end devices and supported hardware and software
4.1 the Licensor shall make the App available to the Licensee for use as intended on a terminal device supported for this purpose. The supported end devices and the minimum requirements for the end devices are specified in the current accompanying materials, which you can find here.
Compliance with the system requirements is the sole responsibility of the licensee. Questions regarding interoperability must be forwarded to the licensor.
5. Registration
5.1 for the proper use of the app, the licensee is obliged to register and create a user account. The correct and complete information about his/her e-mail address must be entered and updated in the event of changes.
5.2 please note that we use the services of third-party providers who have their own terms and conditions. The links to the terms and conditions of the third-party services used by the app can be found here:
- Google Play services
- Firebase Crashlytics
- Apple App Store
- Google Analytics for Firebase
5.3 The Licensor may block a user account of the Licensee if there are indications that this user account has been used without authorization and/or that unauthorized access to the App or the underlying systems of the Licensor has been gained or attempted from this user account (“hacking”). In such a case, the Licensor shall immediately notify the Licensee concerned via the e-mail address stored in the user account and provide him with access to create a new user account, unless there are facts that suggest that the Licensee himself has attempted to gain unauthorized access to the Licensor’s systems.
6. Warranty
6.1 the licensee is responsible for configuring the app in accordance with the current accompanying materials (operating instructions). If the licensee is an entrepreneur, § 377 UGB also applies to the warranty.
6.2 the functions made available via the app are free from material defects if they fulfill the functions contained in the accompanying materials (operating instructions) , , or have been agreed separately. The licensor does not guarantee that the functions of the app meet the requirements of the licensee.
6.3 the prerequisite for liability for defects for functions of the app is the reproducibility of the defect. The licensee must describe this sufficiently. If the app provided by the Licensor is defective, the Licensor shall remedy the defect within a reasonable period of time by rectifying the app, provided that the cost of rectification is within reasonable limits. If the rectification fails, the licensee shall only be entitled to a reduction in price or to withdraw from the contract.
6.4 the Licensee must support the Licensor in identifying a defect in a reasonable manner, for example by providing device information such as operating system, brand, APP version, screenshots or error descriptions.
6.5 events of force majeure (including strike, lockout and similar circumstances, insofar as they are unforeseeable, serious and without fault), which make the performance owed by the Licensor significantly more difficult or impossible, entitle the Licensor to postpone the fulfillment of the obligations for the duration of the hindrance and a reasonable start-up period.
7. Liability
7.1 the Licensor shall be liable without limitation insofar as damages are caused intentionally or through gross negligence by the Licensor or its legal representatives or vicarious agents. The Licensor shall also have unlimited liability in the event of injury to life, limb or health. In addition, the Licensor shall be liable within the statutory framework in accordance with mandatory laws, in particular the Product Liability Act and product safety laws.
7.2 In addition, the Licensor shall be liable in the event of a slightly negligent breach of such obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (“cardinal obligations”), but only to the extent of the damage typically foreseeable at the time of conclusion of the contract. In other cases of slight negligence, liability is excluded.
7.3 the Licensor shall not be liable for damage resulting from incorrect settings for which the Licensor is not responsible or from the use of end devices that do not meet the system requirements. It is also your responsibility to ensure that your device remains charged.
7.4 the Licensor shall not be liable for any other costs incurred when using the App (in particular costs due to data transmission via mobile communications including data roaming). This exclusion of liability shall not apply if the Licensor is guilty of gross negligence or intent.
8. Extraordinary right of termination
8.1 The licensor is entitled to terminate this license agreement without notice, in particular in the event of serious disregard of these terms of use or copyrights to the app.
9. Final provisions
9.1 if individual provisions of this agreement are or become invalid, they shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision. Should a provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions or this agreement as a whole.
9.2 the Terms of Use may be amended or supplemented at the Licensor’s discretion to an extent that is reasonable for the Licensee. In this case, registered licensees will be informed in text form (e.g. via the e-mail address maintained by the licensee or via the information service for the product) at least six weeks before the change comes into effect. The amended or supplemented Terms of Use shall apply unless the Licensee objects before the date on which they come into force, after the Licensor has expressly informed the Licensee of the consequences of remaining silent. If the licensee objects, the licensor may terminate this agreement with a notice period of one month after notification of the objection.
9.3 the European Commission provides a platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr/.
9.4 the licensor is neither willing nor obliged to participate in a dispute resolution procedure.
9.5 Austrian law shall apply. The place of jurisdiction is Graz if the licensee is an entrepreneur, a legal entity under public law or a special fund under public law.
