Terms of Agreement - smawatec APP

Dear valued user. The terms below apply to consumers. For commercial users and B2B partnerships, our General Terms and Conditions for Business (B2B GTC) or individual framework agreements apply.

§1 Scope and Service Modifications

1. These terms govern the use of the Smawatec App provided by smawatec GmbH.
2. Service Evolution: Currently, the App is provided free of charge. The Provider reserves the right to introduce fee-based features or subscription models in the future. Any such changes will be communicated to users with at least 30 days’ notice, requiring explicit consent for any new charges.

§2 Hardware & Connectivity Requirements

The effectiveness of the Smawatec system is strictly dependent on:

• (i) Professional installation of the hardware according to the manual;
• (ii) A continuous power supply to the device;
• (iii) A stable local internet connection;
• (iv) The Smawatec App remaining active with “Push Notifications” enabled on the user’s mobile device.
• (v) The correctly set leak parameters. If the user adjusts the leak parameters that are delivered with factory settings, the user does that at own risk.

§3 Limitation of Liability

1. Technical Chain: The Smawatec System relies on a functional chain including local Wi-Fi, internet service providers, and mobile network delivery. smawatec GmbH is not liable for notification failures caused by interruptions in this technical chain outside of our direct server control.
2. Software Updates: The safety of the Smawatec system depends on the installation of the latest software updates. To the extent permitted by law, liability is excluded for damages that would have been prevented by an update provided by Smawatec which the user failed to install.
3. General Liability: smawatec GmbH is liable without limit for intent and gross negligence. For slight negligence, liability is limited to the breach of essential contractual obligations (cardinal obligations).

§4 Intellectual Property

All software, code, and designs are the property of smawatec GmbH. Users are granted a non-exclusive license for personal or authorized business use only.

§5 Statutory Right of Withdrawal (B2C)

If you are a consumer within the European Union, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise this right, you must inform us (smawatec GmbH, info@smawatec.com) of your decision by an unequivocal statement.

§6 Governing Law and Jurisdiction

1. Law: German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). EU consumers (e.g., in France) also benefit from the mandatory protection of their local laws.
2. Jurisdiction: For merchants, the place of jurisdiction is Stendal, Germany.

§7 Severability Clause

If any provision of these Terms is found to be invalid, the remaining provisions remain in full force. The invalid provision shall be replaced by a valid one that closest reflects the original economic intent.