The following terms of use determine the conditions of use of the smart device application "Steinel CAM" in the respective version (hereinafter: "app") of Steinel GmbH, Die-selstr. 80-84, 33442 Herzebrock-Clarholz, Germany (hereinafter: "Steinel"), as well as the corresponding rights and obligations of Steinel and the users of the app (hereinafter: "users"). By downloading the app onto a smart device (e.g. smartphones, tablet; hereinaf-ter: "device"), the users agree to the terms of use in the respective current version.
1. Conditions of use
1.1 The app is offered to users in the app stores of Apple Inc. ("Apple App Store") and Google LLC ("Google Play Store") for free download to an device (smartphone, tablet). The download is subject to the guidelines and conditions of the respec-tive app store. The respective nature of the app version results from the infor-mation provided in the respective app store.
1.2 The basis for the use of the app is a usage agreement between Steinel and the users including these terms of use. The offer to download the app in the app stores does not constitute an offer, but only an invitation to submit an offer. By installing and using the app, a user makes an offer to use it. By further providing the app, Steinel accepts this offer. Steinel permits users to use the app tempo-rarily and indefinitely free of charge to the extent described below. Apple Inc. or Google LLC or companies affiliated with them shall not be a party to the usage agreement.
1.3 Steinel grants users a non-exclusive, territorially unrestricted, revocable, non-transferable and non-sublicensable right to use the app on a device in their pos-session, limited in time to the existence of the usage agreement. The use may only take place for private purposes. Use for commercial, professional or other commercial purposes is not permitted.
1.4 Insofar as loading, displaying, running, transmitting or saving within the scope of the intended use of the app necessarily requires reproduction, the users are entitled to such reproduction to the extent technically required. Any further re-production of the app or its results in any form, reworking, distribution or public reproduction is not permitted. The users are entitled to create a backup copy of the app, insofar as such a copy is necessary to secure future use.
1.5 In other respects, Steinel shall remain the owner and holder of all rights to the app.
1.6 Steinel reserves the right to continuously develop the scope of functions of the app (updates/upgrades), to add or remove individual functions of the app and to make them available for download and installation in new app versions. Steinel shall inform the users in advance about significant changes to the app. By exe-cuting an update/upgrade or agreeing to the automatic update, the users agree to the changes to the app and, if applicable, to new conditions of use. If the changes to the app require further authorizations, the users will be informed of this separately. If users do not agree to an update/upgrade, the app will not be updated. In this case, there may be disruptions or impairments in the use of the app.
1.7 The users are obligated and guarantee to Steinel to observe applicable law as well as the rights of third parties within the scope of the use of the app and the functions. Steinel shall not assume any liability in this respect.
2. Technical requirements, Obligations to cooperate
2.1 Steinel shall endeavor to provide the app free of disruptions. However, the users acknowledge that 100% availability and freedom from malfunctions cannot be realized from a technical point of view. The users shall be obligated to exercise the care required for proper use of the app. This also applies in the event of a temporary transfer of the device on which the app is installed to third parties.
2.2 Use of the app requires proper installation of the app on a suitable device. The installation is to be carried out independently by the users. The users shall also be obligated to ensure sufficient data security and protection against attacks by malware. Steinel shall not assume any liability in this respect.
2.3 The use of the app also requires the presence of certain technical requirements of the devices (e.g. certain operating systems/versions or devices/versions, ac-cess permissions). The requirements in this regard can be found in the infor-mation in the respective app store. The necessary requirements may differ for different versions of the app. The user shall bear sole responsibility for the crea-tion of the necessary requirements and any associated costs. Steinel shall not assume any warranty or liability in this respect. In the event of updates and changes to the technical requirements of the devices (e.g. updating of the oper-ating system) by the users, Steinel cannot guarantee the continued usability of the app. In particular, Steinel shall have no influence on any changes to the op-erating systems and associated conditions for apps installed on a respective de-vice (e.g. access authorizations for the camera etc.). Corresponding changes could possibly lead to the app no longer being usable or only being usable under different conditions.
2.4 The use of certain functions of the app, in particular access to the camera lights, requires the establishment of a technical connection between the re-spective device on which the app is installed and the camera lights. The user shall bear the sole responsibility and any costs incurred for the proper estab-lishment of the connection and the creation of the requirements necessary for this (e.g. configuration). Steinel has no influence on the connection and cannot assume any warranty or liability in this respect. All devices to be connected must be connected to the same WLAN/WiFi network. The connection can also be established using a mobile data connection (e.g. 3G, LTE). In the event of a connection via a mobile data connection, disruptions and impairments to the use of the app and its functions cannot be ruled out. Steinel cannot assume any warranty or liability in this respect either. Furthermore, additional costs may be incurred, which shall be borne solely by the users. Steinel therefore recom-mends the use of the app via a mobile data connection only if a data flat rate ex-ists.
2.5 The use of certain functions of the app requires authorization to access the de-vice and its functions as well as a state of the art internet connection (e.g. push notifications). The user bears sole responsibility and any costs incurred for the proper establishment of the Internet connection and the creation of the neces-sary conditions for this (e.g. configuration). By using the respective functions, the users grant Steinel the right to access the respective device to the extent required. Without such permission and without an Internet connection, certain functions of the app may not be able to be used.
2.6 It is the responsibility of the users to install any further developments of the app provided by Steinel in accordance with section 1.6 on the respective device. Without installing the latest app version, Steinel cannot guarantee the continued availability of the app and the functions of the app and it may lead to disruptions in the use of the app.
2.7 Furthermore, the information in the download area of the respective app store applies.
3. Support
3.1 In case of problems or questions regarding the use of the app, users can contact Steinel's support during business hours (Mo-Fr 08:00 – 20:00, Sa. 09:30 - 16:00):
Steinel Vertrieb GmbH, Dieselstr. 80-84, 33442 Herzebrock-Clarholz, Deutsch-land
Telephone (Germany): +49 5245 448 188 (the usual charges for calls to the German telephone network may apply)
E-Mail: service@steinel.de
3.2 Steinel reserves the right to discontinue support for older versions of the app.
4. Warranty, Liability
4.1 The users shall be entitled to the statutory warranty rights of §§ 536 ff. BGB (German Civil Code) in corresponding application to the following extent.
4.2 The strict liability of Steinel, legal representatives and vicarious agents for initial defects of the app is excluded.
4.3 Steinel does not assume any warranty or liability for the functionality of the connection between the app and the camera lights. In particular, Steinel does not assume any warranty or liability for malfunctions or impairments of the us-ability of the app in case of a connection of the camera lights by means of a mo-bile data connection.
4.4 Any liability of Steinel, legal representatives and vicarious agents beyond the warranty shall be excluded. This shall not apply in the event of intent, gross neg-ligence or fraudulent intent and in the event of injury to life, body or health. In the event of a slightly negligent breach of an essential contractual obligation, Steinel's liability shall be limited to the amount of the foreseeable damage typi-cal for the contract. Essential contractual obligations are those obligations the fulfillment of which is necessary for the proper and contractual performance of the contract and the observance of which the contracting parties may regularly rely on. The liability according to the product liability law remains unaffected.
4.5 The users shall be liable to Steinel to the extent provided by law. If users pass on their device on which the app is installed to third parties, the users shall be lia-ble to Steinel for the conduct of the third parties.
4.6 In the event that claims and rights of third parties are asserted against Steinel due to violations of these terms of use or an illegal use of the app, the users shall be liable to Steinel for all damages and expenses incurred by Steinel as a result of the assertion. In this respect, the users shall be obliged to indemnify Steinel against claims of third parties.
5. Data Protection
5.1 In the context of the use of the app, Steinel processes various personal data of the users. The data processing is carried out to the extent necessary for the use of the app in compliance with the applicable data protection laws. Information on data processing can be found in our privacy policy as an attachment to these terms of use.
5.2 As part of the provision of the app, we cooperate with service providers who pro-vide the infrastructure (e.g. servers) for the app. In this respect, we have con-cluded the necessary contracts for order processing with the service providers in accordance with Art. 28 (3) GDPR in order to ensure a sufficient level of data protection and data security.
5.3 Users are responsible for the processing of personal data of third parties in the context of the use of the app (e.g. camera recordings of other persons) and are obliged to comply with the applicable data protection laws.
6. Violation of the terms of use
Users undertake to use the app only in compliance with applicable law and the rights of third parties. Should users violate the terms of use or use the app in an unlawful manner, also towards third parties, Steinel reserves the right to termi-nate the usage agreement with immediate effect after notifying the respective user. In this case, all rights to use the app granted to the respective user shall expire. The further use of the app shall be inadmissible. Users shall be liable to Steinel for violations by third parties to whom they pass on their device on which the app is installed.
7. Changes to terms of use
7.1 Steinel reserves the right to change these terms of use or individual provisions thereof in the future if there is an objective reason for doing so, provided that the changes do not affect the main service obligations (e.g. in the event of a changed legal situation, technical requirements, changed market conditions). Changes will be communicated to the users in the app in good time in advance.
7.2 Users have the right to object to the amended terms of use within six (6) weeks of notification. If no objection is made within this period, this shall be deemed to be consent to the amended terms of use. In the event of an objection, the usage agreement shall be deemed terminated. Further use of the respective app ver-sion is no longer possible.
8. Termination of use
8.1 The usage agreement shall be concluded for an indefinite period of time. The usage agreement may be terminated by Steinel as well as by the users at any time without stating reasons.
8.2 Termination by the Users shall be effected by discontinuing the use and com-pletely deleting the app from the respective device.
8.3 Termination by Steinel shall be effected by discontinuing the provision of the app. Steinel shall notify the users in the app of a termination. The discontinua-tion of the provision of the app shall take place after the expiry of three (3) months after the notice.
9. Miscellaneous
9.1 Should any of these provisions be or become invalid or unenforceable in whole or in part, or should there be an unintended gap, the validity of the remaining provisions shall not be affected thereby. In place of the invalid or unenforceable provision or to fill the gap, an appropriate provision shall apply which comes as close as possible to what the parties would have agreed if they had considered this point.
9.2 The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the Interna-tional Sale of Goods.
9.3 The place of performance for all obligations arising from the usage agreement shall be the registered office of Steinel.
9.4 The place of jurisdiction for all disputes arising from or in connection with the use of the app shall be the registered office of Steinel, provided that the con-tracting parties are merchants or legal entities under public law or the party to be sued relocates its domicile or usual place of residence from Germany after conclusion of the contract or its domicile or usual place of residence is not known at the time the action is filed.
Attachment: Data Protection Information (Privacy Policy)