1.1. For all services within the framework of a contract for the use of our “ IoT portal “ with ALLNET Computersysteme GmbH, Maistr. 2, 82110 Germering ("ALLNET"), the following general terms and conditions apply exclusively. Other terms and conditions of the customer are not part of the contract. You are hereby expressly contradicted.
1.2 Our terms and conditions apply both to consumers in the sense of § 13 BGB as well as towards entrepreneurs. A statutory right of withdrawal applies to consumers, to which we specifically point out during the order.
2.1 The "contract" consists of the contract document (usually our e-mail order confirmation), these terms and conditions and the separate contract for data processing on behalf (ADV), which we offer our customers as part of an automated Make the order process available in the version valid at the time of the conclusion of the contract as a copy or via a download link by email. In addition, the parties can individually agree further services.
2.2 “ Authorized User “ are
2.2.1. For corporate customers: employees of the customer and its affiliated companies as well as contractors, subcontractors and outsourcing partners who act on behalf of the customer or its affiliated companies and have been authorized by the customer to access the ALLNET applications and services and these in the contractually agreed To use frames, provided they have been provided with a user identification and a password by the customer.
2.2.2 for consumers: all persons such as family members or housemates who act on behalf of the customer and have been authorized by the latter to access the ALLNET applications and services and to use them within the contractually agreed framework, provided that they are by the customer have been provided with a user identification and a password.
2.3. “ customer data “ are data that are generated, uploaded or transmitted by authorized users using the IoT products.
2.4 “ IoT products &ldquo ;, “ IoT portal “ or “ IoT “ describes the entirety of the Internet presence, the software applications and databases as well as the services associated with their use or access to them, which are made available to the customer by ALLNET.
2.5 Under “ User account “ or “ Account “ the parties understand the password-protected part of the IoT portal, through which the customer can manage all of his master data, settings and measurement data and receive messages from ALLNET.
2.6 “ Use “ refers to the right of authorized users to access IoT products during the term of the contract in the contractually agreed scope.
2.7 “ Freemium Account “ or “ Freemium customer ” means that the customer can use the IoT products or part of the functionality free of charge. The functionality, availability as well as the guarantee and liability for service disruptions are in accordance with restricted to the regulations in these terms and conditions.
2.8 Under “ Premium Account “ or “ Premium customer “ the parties understand a chargeable use of the IoT products. For the functionality, availability as well as the guarantee and liability for service disruptions, the regulations in these terms and conditions apply.
3.1 The scope of services of IoT offers various functions that make it possible to use suitable hardware from the “ home automation “ such as heating control, lighting, switches and the measurement results of various devices with sensor equipment in the broadest sense and to visualize them web-based. ALLNET provides the customer with a web-based interface for this purpose, via which the customer can use just a few seconds User account can control the entirety of his devices and combine and evaluate the data generated in the process. The exact scope of the functions made available by ALLNET can be found on the website https://iot.allnet.de . < / p>
3.2 ALLNET is entitled to continuously adapt and improve the IoT products in line with technical progress. For this purpose, ALLNET can from time to time provide the customer with upgrades, updates, modifications, extensions and other changes to the IoT products free of charge or make changes to the inventory of usable media materials (collectively “ Ä changes “).
3.3 ALLNET notifies the customer of significant changes in good time in order to enable the customer to find out more about this. In no case will ALLNET make changes to premium accounts that significantly reduce the use of the IoT products by the customer or otherwise unreasonably affect it.
3.4 The premium customer can object at any time to a change which he considers to be significantly reducing performance or in any other way to be unreasonably impaired. If ALLNET has a legitimate interest in making the change (such as the reasons for the stability and security of ALLNET IOT CLOUD) that exceeds the legitimate interests of the premium customer in keeping the unchanged version, and if the parties cannot otherwise agree, both parties may extraordinarily terminate the contract. There are then no mutual financial claims beyond the premium customers claim to repayment of pro-rata, unused amounts. &Nbsp;
4.1 The services provided on the website are only an invitation to submit an offer and are not yet a legally binding offer. By ordering the service, the customer makes an offer to conclude a contract. The contract is concluded when ALLNET accepts the offer.
4.2 An effective order requires the customer to register with ALLNET IOT CLOUD, with which the customer can create a user account. Registration requires the truthful and complete filling out of the registration form on the ALLNET IOT CLOUD platform. Changes are to be updated immediately by the customer. The use of pseudonyms is not permitted.
4.3 The registration will be confirmed by ALLNET by email. For this purpose, a confirmation link will be sent to the specified email address. The user is only finally activated by clicking on the link contained therein and the registration is thereby completed. If this link is not confirmed within four (4) weeks, the entered data will be deleted.
4.4 ALLNET reserves the right to refuse registrations at its reasonable discretion.
5.1 ALLNET offers two license models in the context of IoT. The customer can book the IoT products for use, for example in their own company or household. Resellers (“ resellers “) can acquire a license that enables them to offer third parties the use of IoT products in their own name (“ white label ”). For resellers, the provisions in section 15 of these terms and conditions apply additionally and with priority.
5.2 ALLNET grants the customer the paid, non-exclusive (simple), non-transferable, non-sublicensable right to the booked functions from the time the IoT products are made available for the term of the contract from IoT for his own business purposes by accessing the central server of ALLNET. All intellectual and commercial property rights to the IoT software or database remain with ALLNET.
5.3 The customer may not allow third parties to use it independently, but may make his access data available to external service providers such as advertising agencies or comparable third parties to the extent that they perform tasks for the customer.
5.4 The customer may neither decompile nor reverse engineer IoT software himself or through third parties or reconstruct the ideas, techniques or algorithms of the user interfaces of IoT products on which the source code is based, third party IoT products provide, rent, lease, lend or use the cases started here for economically comparable purposes. Furthermore, the customer may not sublicense the granted usage and access rights, transfer them to third parties, remove or hide trademarks, copyright or legal owner notices or other notices associated with IoT products or the associated documentation.
5.6 The customer may not use ALLNET IOT CLOUD products for purposes that violate applicable law. This applies in particular to the use of media material, the possession or processing of which is prohibited in the broadest sense, or if this violates the intellectual or industrial property rights of third parties or the rights of persons concerned according to the regulations on general personal rights (APKR) from the DSGV .
5.7 Actions that go beyond normal use and that can disrupt the operation of the ALLNET IOT CLOUD products, such as stress tests, scans or checking the vulnerability of the ALLNET IOT CLOUD, are also prohibited -Products without obtaining the prior written consent of ALLNET, or the registration for use via a server or an account for which the customer has no access authorization.
ALLNET offers IoT as a SaaS solution. The customer therefore has access to the IoT software and database running on the ALLNET server, which provides the agreed functions, via his access data. The source code is not made available here. The customer must have Internet access in order to use IoT. ALLNET guarantees an availability for the use of IoT with premium accounts in an annual average (365 days) of 93% at the internet-side output of the ALLNET router. Impairments for which ALLNET is not responsible, in particular disruptions to the Internet outside the interfaces of ALLNET or disruptions to the customers Internet connection, remain irrelevant. This also applies to times when the platform cannot be accessed due to necessary maintenance work, provided that ALLNET has announced this within a reasonable period of time.
8.1 The customer is responsible for all activities that are carried out in the context of the use of his access authorization. He has sole responsibility for the integrity of the data provided by him or the co-users authorized by him. The customer must also make reasonable efforts to prevent unauthorized access to or use of IoT products and shall immediately notify ALLNET via email to support@ALLNET.de about misuse or loss of the To inform access data, a corresponding suspicion or any other known or suspected security breach.
8.2. The customer is obliged to regularly secure his data set in ALLNET IOT CLOUD against accidental loss.
9.1 The use of the IoT products by the customer as the owner of the registration is only granted to authorized users (named users) and third parties may only be allowed as co-users to the contractually agreed scope. The access rights are assigned to named persons within the user hierarchy made available and may not be left to any other person or used jointly; However, they can be reassigned by the customer from time to time if named users have ended their work, service or other business relationship with the customer or otherwise no longer require continuous use of the IoT applications.
9.2 ALLNET preserves the confidentiality of customer data. The customer remains the owner of all rights related to his data, but grants ALLNET permission for processing within the scope of the agreed contractual purpose. ALLNET processes customer data in accordance with Article 6 Paragraph 1 Clause 1 lit. b) and lit. f) GDPR exclusively within the scope of the purpose of the contract. In addition, ALLNET complies with all legal requirements, in particular Art. 32 GDPR with regard to administrative, physical and technical security measures to protect the security, confidentiality and integrity of customer data. the provisions of the ADV . ALLNET will neither use nor disclose customer data, unless this is necessary to fulfill the purpose of the contract, a legal obligation or directly for legal prosecution or defense.
10.1 The respectively valid prices for the use of our IoT products result from the respectively on our website https://iot.ALLNET.de as well as price lists valid in the CMS when the contract is concluded. All prices mentioned do not include the statutory value added tax. Depending on the selected plan, our invoices are created monthly or annually over the corresponding service period.
10.3 Payments can be made in different ways depending on the product: by credit card, by SEPA direct debit mandate, by invoice / prepayment and PayPal.
10.4 In the event that the IoT is to be used for a period of time, usually per calendar month or calendar year, in particular for the booked device licenses and the scope of functions, the respective amount due will be paid at the beginning of the service period calculated in advance for the entire performance interval. After a service period has expired, the respective follow-up payment is due on the third working day of the new management period. Unless otherwise agreed in individual cases, all payments are debited by SEPA direct debit or credit card.
10.5. If further licenses or software extensions are booked within a service interval, these will initially be charged proportionally for the term of the previously booked services and then uniformly with the previous services. The remuneration for individual services becomes due after the service has been provided.
10.6 The customer may only offset legally established or undisputed claims or assert a right of retention. The customer can only assign claims from this contract to third parties with the written consent of ALLNET.
10.7 In the event of default, default interest in the amount of nine percent (9%) p.a. is due
10.8 The fees agreed here do not include any taxes or duties on foreign sales that are payable for transactions and / or the provision of services by the recipient of the service; the customer is solely responsible for these charges.
10.9 If a customer is at least 30 days in arrears with payment of the fees, ALLNET reserves the right, without prejudice to further claims, after the expiry of a further 10 days after ALLNET has notified the customer at least in writing with reference to the Has warned legal consequences to suspend the use of the IoT products until full payment has been made. In this phase, the customer has access to his account and his data for a maximum of 6 months, but cannot otherwise use the services of IoT.
11.1 The contract begins on the date specified in the agreement and, depending on the selection, runs until the end of the selected period. As a rule, the customer can choose between a monthly or annual term. He can see the runtime in the CMS via his account.
11.2 The contract is automatically extended for the same duration as the initial term, unless one of the parties terminates it beforehand. A contract concluded for an indefinite period can be properly terminated by both parties at the end of a calendar month without observing a specific notice period.
11.3 For a termination by the customer, a click on the button ” Delete account ” or “ cancel subscription “ in the CMS in the IoT account management or in the settings under “ My subscription ", followed by entering the password.
11.4. The right to extraordinary termination of the contract for an important reason remains unaffected for both parties.
11.4. Upon termination of the contract, ALLNET will close the customers access to the IoT products and the right to use user data provided by ALLNET ends. However, the customer of a premium account can still access his account for a period of 6 months and back up user data, unless he requests an earlier complete deletion of his account.
ALLNET usually keeps user data from premium customers available for 6 months since the end of the contract by means of an online backup function. If the premium customer does not collect the data within this period, despite being requested to do so, at least in text form with a threat of legal consequences, ALLNET can delete them without replacement. Upon request, ALLNET will transfer its exportable user data to the customer in a standard file format for a fee at the agreed or reasonable rates. The order must be placed within 6 months of the end of the contract.
12.1. ALLNET guarantees premium customers that the IoT products are operated in accordance with the agreed specifications and are free from defects. In the event of a defect or failure of the IoT products, ALLNET will at its own discretion either (1) make the IoT products in question operational again or (2) the contract and / or the use for the IoT products cancel. Any claims for damages by the customer under this section are based on Section 14.
ALLNET is not liable and is not responsible for delays, interruptions, service failures and other problems resulting from the use of the Internet, electronic communication or other systems of the customer.
13.1 ALLNET undertakes to defend and indemnify the customer against claims by third parties due to the infringement of commercial or intellectual property rights from the contractually agreed use of the IoT products, provided that the customer notifies such claims in good time and ALLNET has the possibility; has given the opportunity to defend the claims out of court or in court for the customer at his own expense. Contributory negligence on the part of the customer is to be taken into account.
13.2 However, this does not apply if the suspected legal infringement is due to (1) the use of the IoT products in connection with other data, products, software, processes or materials that were not provided or authorized by ALLNET; (2) the modification of IoT products; (3) unauthorized use of the IoT products or (4) customer data.
13.3 If the use of IoT products in the agreed form violates or threatens to violate a right, ALLNET can at its sole option and at its own expense: (1) Obtain the right to use the IoT products for the customer without complaints, ( 2) change the IoT products in order to eliminate such a risk if such a change does not significantly or in any other unreasonably impair the agreed use (“ work around “), or (3) the IoT - Replace products with similar, functionally equivalent products free of charge for the customer.
13.4 If none of these options are economically feasible, ALLNET can extraordinarily terminate the contract. In this case, ALLNET will reimburse the customer for the prepaid fees pro rata for the period in which the IoT products are no longer available for the customer.
14.1 With the exception of the amounts owed by the customer to ALLNET on the basis of the contractual agreements, ALLNETs total liability is independent of whether it is based on a contract, a contractual basis or an unauthorized act or in the context of another Liability theory results, with customers,
- who are not consumers, are limited to the amounts that ALLNET received from the customer in the 12 months prior to the event that led to such damage. The customer is advised to insure any excess risks;
- for customers who are consumers, limited to the contractually foreseeable damage.
- excluded for customers who use a freemium account.
14.2 The limitations of liability in Section 14.1 do not apply to damage that (1) was caused intentionally, (2) is based on negligent injury to life, body and health, (3 ) were caused by gross negligence with regard to normal business care, (4) in the case of premium accounts are based on a breach of cardinal obligations or (5) concern liability for legal defects.
14.3 ALLNET, its affiliated companies, executives, employees, representatives, vicarious agents or vicarious agents are not liable to the other party for remote consequential damages, lost profit or savings.
14.4 The limitations of liability according to this section also apply in favor of the legal representatives and vicarious agents of ALLNET, if claims are made directly against them.
14.5 Liability under the Product Liability Act and for a guarantee given by ALLNET remain unaffected.
14.6 In the event of data loss, ALLNETs liability is limited to the typical recovery costs that arise if backup copies appropriate to the risk are made regularly.
14.7 The strict liability for initial defects according to § 536a para. 1 alt. 1 BGB and for damage caused by unauthorized access by third parties to the user is excluded.
15.1 The subject of this section is the operation of an IoT white label version (version in your own design and in the customers own name). The regulations in this section 15 take precedence over other regulations within these GTC.
15.2 The licensee of an IoT white label license receives the right for the duration of the contract to use our IoT products to the agreed extent in such a way that the licensee himself acts as a provider to his customers. In this case, the provider is the first-level processor and ALLNET subcontractor (further processor). ALLNET will provide the licensee with functionality with regard to the IoT products, which enables him to offer the product in his own design and in his own name.
15.3 Incidentally, the license does not differ from the general usage concept on which these terms and conditions are based. This means that end users cannot acquire more rights than are regulated in these terms and conditions.
15.4 The licensee undertakes to agree with his customers the relevant provisions of these terms and conditions for the establishment of rights, their scope and limits.
15.5 Upon first request, the licensee shall indemnify ALLNET against all claims by third parties that may be asserted against ALLNET in the context of an infringement of the law for which the licensee or his customers are responsible, in particular incorrect sublicensing.
15.6 The licensee is obliged to provide all of the information necessary for the operation of an SAAS platform online for his customers. ALLNET is ready to provide support services for a separate fee. In addition, the licensee will provide the first level support himself.
15.7 If the licensee fails to meet his obligation to pay the due remuneration after being notified twice at least in text form, ALLNET is entitled to block his access until all outstanding amounts have been paid. If the partner does not settle open items within a period of 4 weeks from the blocking, ALLNET can also block all access to the accounts of the licensees customers. If the delay of the licensee continues for another 3 months, ALLNET can irrevocably delete all data on the licensees account.
15.8 In the case of the white label license, upon termination of the contract, for whatever legal reason, the licensee is not entitled to compensation or compensation for the creation of a customer base, in particular no compensation claim under § 89 b HGB in direct or analogous application.
15.9 Should ALLNET find that the licensee is not using the storage space made available to him in the database for contractual purposes, ALLNET is entitled to extraordinarily terminate the contract and all rights ; nge to lock. In this case, the licensee has no claims for compensation from ALLNET.
16.1 The contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention and to the exclusion of the conflict of laws.
16.2 The exclusive place of jurisdiction for disputes, provided the customer is not a consumer, is Munich, Germany.
16.3 Changes and additions must be made in writing; this also applies to the waiver of the written form requirement.
16.4 ALLNET and the customer will comply with the export regulations of the European Union, the United States of America, the Federal Republic of Germany and other applicable jurisdictions when providing and using the IoT products. Each party confirms that it is not listed on any U.S. directory of persons or companies that prohibits it from receiving exports and will not provide any Designated User with access to IoT products that Legal prohibitions violated.
CANCELLATION POLICY FOR CONSUMERS
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must contact us (ALLNET Computersysteme GmbH, Maistr. 2, 82110 Germering, Tel. +49 (0) 89 894 222 -22 Fax +49 (0) 89 894 222 - 33, e-mail: support@ALLNET.de by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
You can use the sample cancellation form below for this, but this is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the have chosen the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you have to pay us a reasonable amount that corresponds to the proportion of up to the point in time at which you have given us notice of exercising your right of withdrawal with regard to this Inform the contract, corresponds to the services already provided compared to the total scope of the services provided in the contract.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To ALLNET Computersysteme GmbH, Maistr. 2, 82110 Germering, Tel. +49 (0) 89 894 222 -22 Fax +49 (0) 89 894 222 - 33, E-Mail: support@ALLNET.de:
I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service (*), ordered on (*)
Name of the consumer (s), address of the consumer (s), signature of the consumer (s) (only if notified on paper), date