THIS AGREEMENT APPLIES TO ALL UPDATES OR SUPPORT SERVICES FOR THE SOFTWARE OR SERVICES PROVIDED FOR YOU BY THE APP EXCEPT THESE ITEMS ARE SUBJECT TO OTHER SPECIFIC REGULATIONS.
1 Subject matter and conclusion of contract
2 License and usage rights
2.2 The user receives the right to reproduce the provided and herein licensed calor BT app within the framework of the acquired rights as far as the respective reproduction is required for the use of the programme (e.g. downloads, installation of the programme from temporary storage, loading of the programme or reproduction for security purposes). In case that a version of this app or the Internet service is provided as demo version, an application apart from demonstration or presentation is not permitted.
2.3 The calor BT app provided to the user is subject to the copyright, in parts to patent right, as well as to other industrial property rights and include business secrets of the manufacturer.
2.4 Back translation of the delivered software codes of the app into other code forms (e.g. by decompilation) as well as other kinds of redevelopment of the different production stages of the software (e.g. reverse-engineering) is prohibited, as long as no case regulated in sec. 69e para. 1 UrhG (German Copyright Act) is existent. Provided that the conditions in sec. 69e UrhG apply, the Licensee shall, in case information is required to realise interoperability of the software provided by eQ-3 and other devices from eQ-3 with programs which have been independently created, contact eQ-3 beforehand. eQ-3 reserves the right to provide the information to the Licensee in return for reasonable consideration. The Licensee is not entitled to perform reverse engineering itself or by third parties.
2.5 The calor BT app and the connected services are not developed for use in the field of nuclear, aeronautical, mass transportation or medical application or any other hazardous application, that can lead to death, personal injury, catastrophic damage or mass destruction and the licensee agrees that the licensor is not liable in any way to the result of using the calor BT app in the in such a manner.
3 Availability and requirements
3.1 eQ-3 will make any appropriate effort to secure an operation with the least possible disruption and the aim to assure an availability of 99.9% within one year. eQ-3 does not assume any liability in the event of lower availability.
3.2 eQ-3 is hereby not responsible for errors concerning the configuration of the user. This implies problems caused by force majeure.
3.3 To be able to use the provided calor BT app , the application of a device supported and published by eQ-3 (e.g. under www.eQ-3.de) is required. eQ-3 has the right to update the list from time to time according to technical progress.
4.1 By using the calor BT app the user agrees to the transfer of system relevant information and registration data. The collection, processing and use of personal information are governed by the applicable data protection regulation. No address details, names or other personal data are collected or processed.
4.2 eQ-3 reserves the right to place advertising within the framework of its Internet services. There is no entitlement to hide such content in parts or completely.
4.3 eQ-3 is entitled to use computer and device information to improve on the calor BT app and services.
eQ-3 warrants that the app has been developed with the greatest care. However, at the current state of technology it is not possible to warrant an absolutely error-free software.
6.1 eQ- 3 is liable for breach of contract, fault upon conclusion of the contract, defaults on payment obligations, impossibility, tort as well as for other infringements based on intent or gross negligence.
6.2 If imprisonment for debt damages at lives, health or bodies arose, in case of the culpable injury of contractual cardinal obligations (main contract obligations) or with bad-cunning deception, eQ-3 is liable to the legal extent.
6.3 In case of breach of cardinal obligations, the liability of eQ-3 is limited to the typical, foreseeable damages. Indirect damages are excluded.
6.4 The range of a liability of eQ-3 pursuant to the product liability law remains unaffected.
7 Property Rights of third parties
7.1 eQ-3 assures that according to its knowledge, the delivered software is free of third party rights and utilisation in accordance with the contract does not infringe third party property rights.
7.2 If contractually agreed use is affected by any third party’s property rights, eQ-3 has the right to acquire licenses and/or to change the App, replace the App in whole or in parts or take the App back at its own discretion and expense to a reasonable extent. In cases when the customer has acquired the App for a fee, eQ-3 shall reimburse the costs when taking the App back. In such case that the customer has acquired the app for a fee, eQ-3 shall reimburse the fee in case of taking back the app. More extensive claims of the customer against eQ-3 do not exist.
8 Duration and termination
8.1 The contract begins with the first start-up of the calor BT app and applies for the duration in which the calor BT app is used.
8.2 The contract can be cancelled by the user at any time.
8.3 The contract can be cancelled by eQ-3 with a notice period of 12 months to the end of a month. The notice of termination by eQ-3 can be given in electronic format, i.e. also via email or by announcement in the calor BT app .
8.4 The contract ends upon expiry of the agreed operation life and possible extensions.
eQ-3 has the right to delete configuration and user data directly upon the end of the contract.
8.5 The right of immediate termination for cause shall be unaffected.
9 Final provisions
9.1 The customer has no right of offsetting or retention of goods unless the claim is not being disputed, has been legally established by a court of law or the asserted counterclaim originates from the same specific contractual relationship in the sense of a performance/counterperformance relationship.
9.2 This Agreement shall be governed by German law to the exclusion of references to other jurisdictions. The legal court of jurisdiction applies. If the customer is merchant in terms of the German Commercial Code (Handelsgesetzbuch) or a public cooperation, all disputes are subject to the respective court having jurisdiction over the registered seat of eQ-3.
10.1 eQ-3 respects your privacy and is committed to protect it.
The solution can be intuitively set up and conveniently controlled via a smartphone app (iOS and Android). All data stored in the calor BT is completely anonymous. However, it does not permit any conclusion about the user’s identity and the individual usage behaviour. All communication between the devices and app is encrypted. Neither during nor after installation of the app, the user will need to provide personal data such as name, email address or mobile phone number. Your anonymity is 100% protected.
Our software contains third party software products used under various license conditions. A list of free software to be used and the license conditions under which the particular free software will be passed on are given here.
The publication of the free software is made “as it is“ WITHOUT ANY WARRANTY. Our legal liability remains thereby unaffected.
Whenever required by the particular license, we provide you with a complete machine-readable copy of the free software source text.