Terms of Service

Effective Date: 2021-07-01

Introduction

These Terms of Service (“Terms”) govern your use of the decoNXT app, developed by deconta GmbH (“us”, “we”, or “our”), which simplifies the management of IoT services for decoNXT certified deconta devices. By accessing or using our app, you agree to be bound by these Terms.

If you do not accept these Terms in full, you are explicitly prohibited from accessing and using the decoNXT app. Should you disagree with any part of these Terms, you must cease all use of the app immediately.

Service Description

We offer various services (collectively referred to as the “Service” or “Services”) to you, the “User”. These Services include our app, decoNXT, and related online services that integrate with individual pieces of hardware (“Device”) that have been certified as decoNXT compatible. These Devices connect to our proprietary cloud infrastructure (referred to as “decoNXT Cloud” or “Cloud”) to perform various Internet of Things (IoT) related tasks and functions. Our Services are designed to simplify and enhance the way you manage your IoT devices, offering features that allow for easy device setup, monitoring, control, and maintenance from anywhere.

Acceptance of Terms

The availability and use of our Services are contingent upon your acceptance of and compliance with these Terms of Service. By using the Service, downloading the decoNXT app, or registering with us, you acknowledge and agree to these Terms without modification. These Terms of Service govern your access to and use of all our Services and are applicable to all users, including visitors and registered users.

We reserve the right to update or change our Terms of Service at any time and without prior notice. Such changes will only apply prospectively and will not affect disputes or events that occurred before the implementation of such changes. It is your responsibility to review these Terms periodically for any modifications. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

User Represenstations and Agreements

By engaging with the decoNXT app, you affirm and commit to the following:

• Accuracy of Information: You will provide registration and account information that is truthful, accurate, and complete. You agree to keep this information up-to-date at all times.
• Legal Capacity: You possess the legal capacity to enter into binding agreements under the law of your jurisdiction, and you affirm that you are not a minor where you reside.
• Human Interaction: You will access and use the decoNXT app solely through manual interface and not through automated or non-human means, such as bots, scripts, or other automated methods.
• Lawful Use: You will use the decoNXT app exclusively for lawful purposes, adhering to all applicable laws, rules, and regulations in your use of the app.
• Prohibition on Unauthorized Use: You will not utilize the app for any illegal or unauthorized purpose, nor will your use infringe on any laws in your jurisdiction concerning the use of the Service.

Should any information you provide prove false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny you any current or future use of the decoNXT app, or any part thereof, without liability or further obligation.

Account Creation and Management

To use decoNXT, you must register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

In connection with your use of our Service, you agree as follows:

• Age Requirement: You must be at least 13 years old to use decoNXT, or the legal age required for contracting in your jurisdiction, whichever is higher.
• Communications: You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications by us, and third parties, if relevant, regarding our Services. You may opt to receive device notifications via email, SMS, and voice messages regarding our Services, based on the specific notifications settings you choose. By default, these notifications are disabled, and it is your choice to activate them.
• Public Profile: You agree that other users, such as device owners and administrators, can view your username and email within the user management and notification management systems of a device, as necessary for device administration and collaboration.
• Administration Access: You agree that we may access your account and data as necessary to identify and resolve technical issues or to provide support.
• Device Access: By using our Service and seeking support, you agree to grant us full access to your connected devices with all functionalities in order to diagnose and resolve problems. This access is only utilized when you request support and is essential for effective troubleshooting and maintenance of your devices.

Account Security and Username Guidelines

You are obligated to keep your password secure and are responsible for any actions taken under your account. We hold the authority to modify, reclaim, or delete any username you choose if we consider it inappropriate, offensive, or objectionable based on our own judgment.

Prohibited Activities

You are prohibited from using the app to:

• Engage in any activity that interferes with or disrupts the performance of the service.
• Use the app for any illegal or unauthorized purpose.
• Attempt to gain unauthorized access to our systems or engage in any activity that compromises the security of the app.
• Copy, modify, distribute, sell, or lease any part of our services or included software.
• You are prohibited from copying, modifying, or adapting the software of the app, including, but not limited to, HTML, JavaScript, or any other code integral to its framework.
• Avoid engaging in actions that undermine security protocols or restrictions placed on any area of the app.

Intellectual Property Rights

All content on the decoNXT app, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the compilation of these elements (collectively, the “Content”), is our property or is licensed to us. All software used in the Service is our property or is provided by our software suppliers and governed by copyright and trademark laws.

The trademarks, service marks, and logos used and displayed on the Service (collectively, the “Marks”) are our registered or unregistered marks or those of our licensors. Under no circumstances may the Content or Marks be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior express written permission or that of our licensors, as applicable.

License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial purposes. This license does not include any resale or commercial use of the Service, its Content, or its Marks; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. No part of the Service, nor any Content or Marks, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Service, so long as the link does not portray us, our licensors, or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Contribution and Feedback

When you share any ideas, comments, or other feedback with us (“Contributions”), you accept that such contributions do not contain confidential information and will automatically become our property. We gain exclusive ownership, including all related intellectual property rights, and can freely use and share these Contributions for any legitimate purpose, both commercial and otherwise, without any obligation to acknowledge or compensate you. You relinquish any moral rights in these Contributions and confirm that you are the original creator of these Contributions or have the necessary permissions to provide them. You acknowledge that you will not pursue any claims against us for any supposed or actual violation or misappropriation of any ownership rights in your Contributions.

Mobile Application License

Use License

Upon downloading the decoNXT mobile application, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the mobile application on wireless electronic devices that you own or control. The use of this application is strictly in accordance with these Terms of Service.

The following are strictly prohibited:

• Decompiling, reverse engineering, disassembling, or attempting to derive the source code of the application.
• Modifying, adapting, improving, enhancing, translating, or creating derivative works from the application.
• Violating any applicable laws, rules, or regulations in connection with your use of the application.
• Removing, altering, or obscuring any proprietary notices of copyright or trademarks provided by us or any licensors of the application.
• Using the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it was not designed or intended.
• Making the application available over a network or other environment that allows for the simultaneous access or use by multiple devices or users.
• Creating a product, service, or software that directly or indirectly competes with or substitutes the application.
• Using the application to send automated queries to any website or to send unsolicited commercial emails.
• Using any proprietary information, interfaces, or other intellectual property from us in the design, development, manufacture, licensing, or distribution of third-party devices or applications for use with the application.

Devices from Apple and Android

When you use the decoNXT mobile application obtained from the Apple Store or Google Play, the following terms apply:

• The license granted is limited to a non-transferable license to use the application on devices that operate with the Apple iOS or Android operating systems, in accordance with the usage rules set forth in the respective App Distributor’s terms of service.
• We are responsible for providing maintenance and support for the mobile application as required under applicable laws or as described in these Terms. App Distributors have no obligation to provide maintenance and support services for the mobile application.
• In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the respective App Distributor. They may refund the purchase price paid for the mobile application, if any, and, to the maximum extent permitted by applicable law, will have no other warranty obligation whatsoever with respect to the application.
• You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
• You must comply with applicable third-party terms when using the mobile application, such as not violating any wireless data service agreement.
• You acknowledge and agree that the App Distributors are third-party beneficiaries of these terms, and as such, they have the right to enforce these Terms as third-party beneficiaries thereof.

Changes and Interruptions to the Service

We reserve the right at any time and without notice to alter, remove, or cease publication of the contents of the decoNXT app at our sole discretion. Additionally, we are under no obligation to maintain the content in its current form or to update any information.

At any moment, we may decide to modify, suspend, or discontinue the app, either in part or in whole, without prior notice. We will not be held liable for any changes, pricing adjustments, suspensions, or discontinuances of the service.

Availability of the app is not guaranteed. Technical issues, maintenance needs, or other factors may result in service disruptions, delays, or errors. We may need to perform maintenance that affects the availability of the app, and we retain the right to make changes, pause, or stop the app at any time for any reason without notifying you.

You acknowledge that we will not be liable for any loss, damage, or inconvenience suffered due to your inability to access or use the app during any downtime or service discontinuation. These Terms do not require us to maintain the app, nor to provide any specific updates, corrections, or releases.

Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law. If you are a consumer residing in the European Union, you will also benefit from any mandatory provisions of the law of your country of residence. Both you and decoNXT agree to submit to the non-exclusive jurisdiction of the courts located in North Rhine-Westphalia (NRW), Germany. This provision allows you to bring a claim to protect your consumer rights in your country of residence in the European Union or in Germany.

Dispute Resolution

The European Commission offers an online dispute resolution platform that you may use if you have a complaint about our services. You can access this platform at https://ec.europa.eu/consumers/odr. Should you wish to discuss a complaint with us directly, please feel free to contact us.

Information Accuracy

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Termination of Use

We may terminate or suspend your access to the app immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Changes to Terms

We reserve the right to modify these Terms at any time. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

DISCLAIMER

You expressly acknowledge and agree that your use of decoNXT and all information, products, and other content (including that of third parties) included in or accessible from our app is at your sole risk. Our services are provided on an “AS IS” and “AS AVAILABLE” basis. decoNXT and its service providers expressly disclaim all warranties of any kind as to the app and all information, products, and other content (including that of third parties) included in or accessible from the app, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

decoNXT makes no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the technology will be corrected.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from decoNXT through or from the service will create any warranty not expressly stated in these terms.

LIMITATIONS OF LIABILITY

To the fullest extent permitted by applicable law, decoNXT, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

decoNXT shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond decoNXT’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

You specifically acknowledge that decoNXT is not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you. Further, decoNXT will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service.

Indemnification

You agree to defend, indemnify, and hold harmless decoNXT, its parent company, officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.

Userdata

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: