Terms of Use - Heizomat Portal

Section 1: Subject matter and scope of the Terms of Use

1. The subject matter of these Terms of Use is the granting of usage rights for the Portal and the establishment of rules for the use of the functions offered in the Portal. The Portal can be used as part of the operation of the Heizomat system(s). For this purpose, an Internet connection must be available for the system(s). Further technical requirements, the suitable systems and installation instructions are provided for in the manual. Installation of the Portal is free of charge. Use requires registration in accordance with Section 5 and consent to Heizomat’s Privacy Policy.

2. The Portal consists of the object code of the app as it is made available for download and installation for the respective end device used (possibly via a platform such as the App Store or Google Play Store). The User is not entitled to make any changes to or intervene in the Portal themselves or to have third parties do so. The source code remains the sole property of the manufacturer.

3. These Terms of Use apply to both consumers and entrepreneurs, unless explicitly provided for otherwise. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or self-employed professional activity (§13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity (§14 para. 1 BGB).

Section 2: Updates

1. Heizomat provides updates for the Portal ("Updates") to ensure security, adapt to functional changes, or keep pace with technical advancements. Heizomat may modify functions at its discretion without separate notice but without significantly limiting functionality. Users will be notified in advance. Failure to install updates may lead to termination of the agreement and deletion of the account.

2. There is no entitlement to updates for feature enhancements.

3. The Portal is maintained only in its current state. Heizomat may discontinue the Portal and terminate the agreement after expiration of the system’s warranty.

Section 3: Granting of rights of use, availability

1. Upon registration, Heizomat grants the User non-exclusive usage rights for the Portal for their own purposes in connection with Heizomat products.

2. Usage rights are subject to:

   • Recognition of Heizomat’s copyright, and no modification/removal of copyright notices.
   • No modification or decompilation of the Portal (except as permitted under §§ 69d, 69e UrhG).

3. If rights of use are transferred to third parties, they must accept these Terms of Use.

4. Functions requiring a connection to the Backend are guaranteed 95% annual availability. Maintenance (max. 5 hours/week on average) announced 7 days in advance is excluded.

Section 4: Supported end devices and hardware/software

1. The Portal is available for supported end devices listed in the current manual.

2. System/software requirements must be met. Only approved third-party programs may be used. Interoperability questions must be directed to Heizomat.

Section 5: Registration

1. Registration and creation of a user account is required. Accurate and updated data must be provided. If ownership changes, Heizomat must be informed. Breaches may lead to exclusion from the Portal.

2. Accounts may be excluded in case of unauthorized use or hacking attempts. Heizomat will notify the User and may allow re-registration unless the User is suspected.

3. Heizomat may terminate the agreement if the Backend cannot connect to the User’s system for more than 6 months through no fault of its own.

Section 6: Warranty

1. Users must configure the Portal per the manual. Entrepreneurs are subject to §377 HGB.

2. Functions are considered defect-free if they meet the manual’s description. No guarantee for specific user expectations.

3. Defect liability requires reproducibility. If rectification fails, only a reduction is allowed; withdrawal is excluded.

4. Users must assist Heizomat in identifying defects.

5. Force majeure or provider outages may delay obligations accordingly.

Section 7: Liability

1. Heizomat’s liability is unlimited in cases of intent, gross negligence, or injury to life/body/health.

2. For slight negligence, Heizomat is only liable for breaches of material contractual obligations, limited to typical foreseeable damage.

3. No liability for incorrect settings or unsupported end devices.

4. No liability for additional costs (e.g., data usage), unless due to gross negligence or intent.

Section 8: Right to extraordinary termination

Heizomat may terminate the agreement for serious violations or if services are discontinued. Claims for damages are excluded unless caused by gross negligence or intent.

Section 9: Transfer and use of data by Heizomat

1. Heizomat products transmit data (usage-independent and usage-dependent) to enable services and product improvement. Heizomat does not:

   • Forward data or results to third parties without anonymisation.
   • Collect or store personal data.

2. Data is securely transmitted and protected according to current standards.

3. User agrees to the described data transfer. Consent can be withdrawn with two weeks’ notice, which may restrict functionality.

Section 10: Final provisions

1. If any provision is invalid, a substitute provision reflecting its intent will apply. The rest remain valid.

2. Terms may be updated by Heizomat with 6 weeks’ notice. If not objected to, updates take effect. Heizomat may terminate if the User objects.

3. German law applies. Jurisdiction is Ansbach, Germany, if the User is a merchant or public-law entity.