§ 1 Registration, Conclusion of Contract and Object of Agreement
- Prerequisite for the use of the service is to register via the online form. After registering via the online form, you will receive a confirmation email to verify your data given and to confirm your registration through a confirmation link. With the activation of your account by the provider, the contract becomes effective.
- Contract is the free and fair use of the functions of the service as an online communication platform. You as a user have an "Account" that allows you to access your openHAB installation through the Internet and which offers various communication services (push notifications, 3rd party app integration, etc.).
- There is no legal right to get access to the service. The unrestricted domiciliary right of the provider applies.
- The service is meant for demonstration purposes and private use only. It must not be used in a commercial context, e.g. being sold as part of a payable service. The user confirms that he uses it purely for private purposes.
- Your account may only be used by yourself. Likewise, you are responsible as the owner of the account for the protection against its misuse. Your credentials must therefore be protected from third party access.
- The provider will try to provide the service without interruption. Even with great care, downtimes can not be avoided, which can be due to technical or other problems which are not within the control of the provider (fault of third parties, acts of God, strikes against the infrastructure from hackers, etc.). The user acknowledges that he will not use the services for use cases, which require a high availability.
- The provider reserves the right to limit, change or enhance the content, structure and functions of the platform and the associated user interfaces, insofar as the fulfilment of the purpose of the contract concluded with the client is not significantly affected as a result.
§ 2 Obligations as a User of the Service
- As a user you ensure that you do not use this service for things that violate these rules, the morality or otherwise violate applicable German law. It is specifically prohibited to send spam via the system; to violate copyrights and trademarks; practices considered unfair competition; to advertise without the written consent of the provider.
- If you break the aforementioned rule § 2 para 1, the provider, regardless of any termination, can impose the following sanctions against the user: Issue a warning, or blocking access to the service.
- If third parties or other users actively takes access of the provider because of possible violations of law arising from the use of the services of the provider by you as a user, you as a user agree to release the provider from any claims, including claims for damages and to indemnify any costs incurred due to the possible violation of the law. The provider is particularly exempted from the cost of legal defense. The provider is entitled to demand this of you as a user with an appropriate advance. As a user, you are obliged to assist the provider in good faith with information and documents in a legal defense against third parties. All other rights, including damage claims by the supplier shall remain unaffected. If you are not our responsibility as users of the possible violation of the law, do not pass the aforementioned obligations.
§ 3 Limitation of Liability
- The provider of the service takes no responsibility for the content sent through the service, including its accuracy, completeness and timeliness.
- The provider is only liable in case of intentional or gross negligent breach of an essential contractual obligation. In case of slightly negligent breach of obligations that are not essential contractual obligations, the provider shall not be liable.
§ 4 Duration / Termination of the Contract
- This agreement is concluded for an indefinite period.
- Either party may terminate this agreement without notice.
- The provider is entitled to deactivate and delete the user's account after termination of this agreement.