Terms of Agreement - smawatec APP

These Terms of Use / End User License Agreement (“Terms”) govern your access to and use of the Smawatec mobile application, related cloud services, and associated consumer smart water management devices offered by smawatec GmbH (“Smawatec”, “we”, “us”, “our”).

If you use the App as a consumer, these Terms apply to you. For commercial users, resellers, installers, and B2B partners, separate business terms or individual agreements may apply.

By creating an account, pairing a device, accessing the App, or using the Services, you agree to these Terms.

1. Provider

smawatec GmbH

Arneburger Straße 24 – Haus 2

39576 Stendal

Germany

Tel.: +49 3931 4196970

Email: info@smawatec.com

Register Court: District Court (Amtsgericht) Stendal

Registration Number: HRB 35227

Managing Director: Gordon Koch

2. Scope

These Terms apply to:

(a) the Smawatec mobile application (“App”),

(b) related backend, cloud, and notification services (“Services”), and

(c) compatible consumer Smawatec hardware managed through the App (“Device”), to the extent software and digital service functions are involved.

3. Eligibility and Account

3.1 You must be at least 18 years old and legally capable of entering into a binding agreement to use the App.

3.2 You must provide accurate registration information and keep it up to date.

3.3 You are responsible for keeping your login credentials confidential and for all activity carried out through your account, unless such activity results from our fault.

3.4 The App may support local device security features such as biometric authentication offered by your mobile operating system. Such authentication is managed locally on your device and does not replace your duty to secure your device and account.

4. License

4.1 Subject to these Terms, Smawatec grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for your personal, lawful use with compatible Smawatec Devices.

4.2 You may not:

(a) copy, modify, distribute, sell, lease, or sublicense the App except as permitted by law;

(b) reverse engineer, decompile, or disassemble the App except where mandatory law permits it;

(c) use the App in a way that interferes with the Services or other users; or

(d) bypass security features or use the App with unauthorized hardware, firmware, or software integrations.

5. Description of the Service

5.1 The App allows you to connect compatible Devices, view device information, receive alerts, monitor water-related data, and configure selected automation and shut-off functions.

5.2 The Smawatec system is intended to support leak detection, water flow monitoring, and valve automation. It is an assistance and control system only and does not guarantee the prevention of leaks, water damage, property damage, service interruptions, or other loss.

5.3 We may modify, improve, replace, limit, or discontinue features where reasonably necessary, including for security, compliance, technical development, or business reasons. If a change materially disadvantages you, we will provide appropriate notice where required by law.

5.4 The App is currently provided free of charge unless expressly stated otherwise. If we introduce paid features or subscriptions in the future, we will clearly inform you in advance. No new charge will apply unless you expressly agree to it.

6. Technical Requirements and User Responsibilities

6.1 Proper function of the system depends on several external and user-controlled factors, including:

(a) correct installation of the Device in accordance with applicable instructions and technical requirements;

(b) continuous power supply to the Device;

(c) sufficient local network and internet connectivity;

(d) proper pairing and configuration of the Device and App;

(e) push notifications being enabled on your mobile device;

(f) operating-system permissions, including Bluetooth and any technically required permissions for setup; and

(g) availability of third-party infrastructures such as mobile operating systems, app stores, internet providers, and push notification services.

6.2 During initial setup, Bluetooth and certain operating-system permissions may be required to pair the Device and connect it to the local network.

6.3 You are responsible for:

(a) checking that your settings match your intended protection level;

(b) reviewing alerts and notifications in a timely manner;

(c) installing App, firmware, and security updates without undue delay; and

(d) maintaining a secure home network and compatible device environment.

6.4 If you voluntarily allow a third party, such as an installer, family member, or service provider, to access your account, App, or Device during setup or support, you do so at your own responsibility.

7. User Configuration and Automation Risk

7.1 Devices may be delivered with default settings intended to support standard leak detection and automatic shut-off behavior.

7.2 The App may allow you to change settings, thresholds, automation logic, leak definitions, alert behavior, or automatic valve shut-off functions.

7.3 Changing default settings, increasing thresholds, disabling automatic shut-off, muting alerts, ignoring warnings, or creating custom automation rules may materially reduce protection and may increase the risk of undetected leaks, delayed response, or property damage.

7.4 You are solely responsible for any user-defined settings, overrides, manual commands, custom rules, or deactivated safety-related functions that you apply through the App.

8. Availability, Notifications, and Third-Party Dependencies

8.1 We aim to provide reliable Services, but uninterrupted availability is not guaranteed.

8.2 Alert and notification delivery may depend on third-party systems and technical chains outside our control, including device manufacturers, mobile networks, internet service providers, your local network, and push notification infrastructure such as Firebase or comparable services.

8.3 We are not responsible for delays, failures, or non-delivery of alerts caused by third-party systems, connectivity outages, unsupported device settings, disabled permissions, or circumstances outside our reasonable control.

9. Updates and Security

9.1 We may provide App, firmware, and backend updates to maintain security, functionality, compatibility, or legal compliance.

9.2 Some updates may be necessary for safe or proper operation. If you fail to install an update that we made available and informed you about, we are not responsible for damage that would probably have been prevented had the update been installed, to the extent permitted by law.

10. Intellectual Property

10.1 The App, Services, software, designs, documentation, trademarks, and related content are owned by or licensed to Smawatec and are protected by intellectual property laws.

10.2 Except for the limited license expressly granted in these Terms, no rights are transferred to you.

11. Suspension and Termination

11.1 You may stop using the App at any time and may request account deletion through the App or through the external account-deletion page available at:

Delete Your Smawatec Account

11.2 We may suspend or restrict access where reasonably necessary, including for security reasons, suspected misuse, legal compliance, or protection of the App, Services, Devices, or other users.

11.3 We may terminate these Terms for cause if you materially breach them and fail to remedy the breach within a reasonable period after notice, unless immediate termination is justified.

11.4 Upon termination or account deletion:

(a) your right to use the App and Services ends to the extent technically and legally applicable;

(b) remote and cloud-connected functions may cease; and

(c) data will be deleted or anonymized in accordance with the Privacy Policy and applicable law.

12. Liability

12.1 Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for:

(a) intent and gross negligence;

(b) injury to life, body, or health;

(c) fraud or fraudulent misrepresentation;

(d) claims under applicable product liability law; and

(e) any mandatory consumer rights.

12.2 In cases of slight negligence, we are liable only for breach of essential contractual obligations, meaning obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance you may regularly rely.

12.3 In such cases, our liability is limited to the foreseeable damage typical for this type of contract.

12.4 To the extent permitted by law, we are not liable for damage resulting from:

(a) incorrect installation, handling, maintenance, or operation of the Device;

(b) failures of electricity, Wi‑Fi, internet access, mobile networks, or third-party notification infrastructure;

(c) force majeure or events outside our reasonable control;

(d) your failure to install available updates; or

(e) your own settings changes, deactivation of automatic shut-off, deactivation of alerts, increased thresholds, custom automations, or manual overrides that reduce the intended level of protection.

12.5 The foregoing limitations also apply to the personal liability of our employees, representatives, and agents.

13. Changes to These Terms

13.1 We may amend these Terms where necessary for legal, regulatory, technical, security, or operational reasons.

13.2 If a change materially affects you, we will provide reasonable prior notice. Where required by law, we will obtain your consent.

14. Governing Law and Jurisdiction

14.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 If you are a consumer residing in the European Union, the mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

14.3 If you are a merchant, legal person under public law, or special fund under public law, the exclusive place of jurisdiction is Stendal, Germany, to the extent legally permissible.

15. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected. Any invalid provision shall be replaced, where legally possible, by a valid provision that most closely reflects the economic and legal purpose of the invalid provision