These General Terms and Conditions (hereafter referred to as GT&C) form an integral part of the contract between Theben AG (hereafter referred to as Theben) and the customer (hereafter referred to as customer) concerning use of the LUXORliving smart home system from Theben. On its website www.theben.de, Theben offers the necessary tools for programming and operating the LUXORliving smart home system via KNX, LAN, WLAN and the myTheben Portal.
1) As soon as the customer accepts the offer to use the LUXORliving smart home system, a contract for use of the service contract is automatically concluded. The customer is any consumer who concludes the contract for a non-commercial purpose that is completely unrelated to their work. The LUXORliving smart home system is intended to provide the customer with convenience and security in their own home by allowing them to carry out straightforward operating steps via their smartphone or tablet. The customer has access to the myTheben Portal, which allows them to program and control the LUXORliving system from any location.
2) The LUXORliving smart home system will only function and can only be used with an Internet connection, which the customer must provide at their own expense in the form of a router, cable modem, mobile service, (A/S)DSL modem etc. Otherwise, the customer will not be able to benefit from improved technical developments or functions that require external access, such as remote access to the system, service access, system backup and much more besides.
3) Theben is entitled to make modifications to the LUXORliving smart home system. Theben will only make these changes for an important reason, including – in particular – in the event of improved technical developments or other similar reasons that are deemed acceptable for the customer.
4) The customer needs to be aware that the LUXORliving smart home system can only be accessed in accordance with the contract if the following requirements are met:
a) The necessary technical infrastructure must be available in the customer's home, i.e. a LUXORliving system plus sensors, actuators and system devices, the necessary professional cabling, no limitations with regard to wireless transmission, a permanently stable Internet connection, up-to-date apps (Windows, iOS, Android and future operating systems).
b) There must be a functioning connection between the LUXORliving smart home system and the customer's router (which has to be compatible with the LUXORliving smart home system), the purchase and proper configuration of which are not included in Theben's costs or scope of supply and services.
c) Internet access is required at the location of the home terminals that are connected to the LUXORliving smart home system. The customer is responsible, at their own expense, for creating the technical conditions required for unimpeded access to the Internet at any time.
d) Throughout the entire period that the LUXORliving smart home system remains in use, the customer must provide an e-mail address and inform Theben without delay of any change to this address. The customer hereby agrees to receive important information via e-mail about the contract and setting up the LUXORliving smart home system, and to read this information.
5) The customer will be provided with access to the LUXORliving smart home system via login details that are classed as personal and confidential. If the customer operates certain functions of the LUXORliving smart home system via their smartphone or tablet, they are urgently advised to protect access to these devices as well by setting up a password or taking other suitable precautions.
6) Theben is entitled to change the login details without the customer's permission, and is even permitted to block the account, where this is necessary for technical, legal or security-related reasons or is ordered by an official authority. If the login details are lost or misused, the customer must change them without delay or report the situation to Theben. Theben will then block access. Once access has been blocked, the customer can generate new login details.
7) The LUXORliving smart home system is made available to the customer for personal use only and, in the interest of data privacy and security, must never be sold together with the existing login details. If the customer moves home or sells the LUXORliving smart home system (e.g., in the case of a property sale), Theben must be informed. The customer's legal successor must e-mail Theben to request registration of the LUXORliving smart home system and, as well as giving the details of their legal predecessor, must provide proof that title to the LUXORliving smart home system has been transferred. If the customer moves the LUXORliving smart home system to a different location, they are responsible for ensuring configuration of the systems and installations at the new location themselves and at their own expense. Nor does Theben assume any liability whatsoever in cases where data required for operation or security is forwarded to third parties or where parts of the smart home installation or the entire smart home installation is/are passed on without first having had personal data and/or security-related data professionally removed that could, for example, enable access to the cloud.
8) In the event of maintenance work, technical problems or quality improvement measures connected with the LUXORliving smart home system, Theben may block access to the system temporarily. Except in emergencies, Theben will inform the customer in advance via e-mail. A temporary block of this kind does not entitle the customer to a reduction in any contractual user fees unless the usage restriction imposed by Theben has been caused intentionally or through gross negligence. This does not affect the customer's right to assert claims under the warranty. Theben will update the LUXORliving smart home system at set intervals and inform the customer accordingly. If, for example, these measures necessitate operations such as app updates in order for operation within the smart home to continue, the customer must carry out these operations themselves. In part, this is also due to the fact that Theben has no control over and no knowledge of the customer's software status.
9) The customer can use the LUXORliving smart home system to define home automation procedures that trigger automatic control commands on devices (e.g. on the roller blind motor) when the customer is physically absent. The customer must take care to ensure that the automated procedures do not pose a threat to the safety of people or property.
10) Theben cannot be held liable for customer claims for damages or the reimbursement of expenses that relate to breaches of contractual or non-contractual obligations, unless they are based on intent or gross negligence on the part of Theben, its legal representatives or a third party that is clearly acting on the behalf of Theben. This does not affect Theben's liability on account of personal injury, i.e. injury to life, limb or health; on account of a breach of essential contractual obligations; and under the German Product Liability Act and other mandatory liability regulations.
11) Theben cannot be held liable if, as a result of force majeure, the customer is unable to use the LUXORliving smart home system in its entirety or in part. Regardless of whether they concern Theben or its providers – and without constituting an exhaustive list – the following are classed as cases of force majeure: bans imposed by authorities; restrictions of or interruptions to telecommunications services and the power supply; faults and/or interruptions affecting transmission networks, including the Internet connection; lightning strikes; floods and other natural disasters; wars; riots; assassination attempts; and vandalism. If the effects of force majeure should last for more than thirty (30) consecutive days, each party shall be entitled to terminate the contract without notice. If the contract for use of the LUXORliving smart home system is terminated without notice in this way, the customer has no right to demand that Theben take back any hardware, whether in its entirety or in part, and no right to reimbursement of the purchase price.
12) To enable implementation of the LUXORliving smart home system in accordance with the contract, Theben collects, processes and stores the following customer data: surname, first name, address, telephone number, e-mail address. This data will only be used for fulfilling the contract with the customer, including billing and payment.
This data will be treated as confidential and only disclosed to the respective cloud server providers, but not to third parties. In addition, the respective server providers need to store technical information about the customer's technical devices to be able to ensure the proper functioning of the LUXORliving smart home system. This collected data will be stored by Theben and the service provider until such time as the contractual relationship concerning use of the LUXORliving smart home system comes to an end. To enable operation of the servers, backups will be created in accordance with technical IT guidelines. Any storage of data will be encrypted and neither Theben nor the appointed provider will be able to view or modify it. On deletion of the account, all data in the cloud will be deleted/overwritten immediately and all backup data will be deleted/overwritten during the next routine backup operation. Following deletion of the account, the data will be irretrievably deleted. The routine backup is solely for the purpose of operating the servers, not for recovering customer-specific accounts or parts of these data records.
13) The customer can request details of the personal data concerning them that is being stored by Theben by sending an e-mail to info@theben.de. The customer will find comprehensive information about their data privacy rights and about Theben's obligation to provide information and access at https://www.theben.de/datenschutz/.
14) The contract for the LUXORliving smart home system will run for 12 months and takes effect as soon as it is activated. Commencement of the contract will be communicated in the e-mail confirming registration. The parties may terminate the contract with effect – at the earliest – from the selected contract term expiry date by giving 4 weeks' notice. The customer can give notice of termination via their personalised area at https://cloud.theben.de/ or by sending it in writing to Theben's postal address. Theben muss immer schriftlich kündigen. Theben is only ever allowed to give notice in writing. This does not affect the right of the respective parties to terminate the contract without notice for an important reason. In the event of notice being given, Theben will, at the time of termination, always delete all the data stored on its server, particularly the data that the customer has programmed in the LUXORliving smart home system. Theben also reserves the right to cease cloud operation permanently, either by giving 6 month's notice or on expiry of the respective contract. For as long as Theben continues to make the cloud service available free of charge/the customer remains able to use it free of charge, the customer has no right whatsoever to demand the stability or continuation of the cloud service.
15) The rights and obligations arising from this agreement can only be assumed by the customer personally and are not transferable to third parties without Theben's permission.
16) The relationship between the parties shall be exclusively subject to the law of the Federal Republic of Germany to the exclusion of international private law. The place of jurisdiction is Haigerloch, Germany.