Terms of use for myHDG and HDG WebControl

1. Scope of validity, definition of terms, reservation of rights to make changes

1.1 The following terms and conditions apply to the use of the web services myHDG as well as HDG WebControl. HDG Bavaria GmbH (HDG) provides information, functions and downloads for use via myHDG and HDG WebControl. Not all services are available in all countries and all languages. By sending in your registration, you accept these terms of use, which you also accept by using the e-mail service that can be used at myHDG without registration. In this event, you also need to expressly agree to the terms of use when setting up the service.

1.2 The "myHDG" portal is a function on the HDG website. Users can log in and, in future, gain access to an individual area. Part of the offer is HDG WebControl – if the heating system supports this technically. HDG WebControl enables remote access to the heating system via an Internet connection. Both systems are technically independent, but they communicate with each other. When registering with myHDG, a "user token" is generated and sent to HDG WebControl. For as long as this token is valid, the user can use HDG WebControl. To ensure that this authentication occurs, the user data is anonymised after registration on the website, from which the token is then generated and sent to WebControl system.

1.3 Access to myHDG is available in general to persons and institutions (hereinafter referred to as "Users"). However, the "HDG WebControl" service can only be used if the technical requirements are met. Insofar as the customers are legal persons, they shall be entitled to exercise their right of use through authorised employees. Access shall be free of charge (excluding the cost of your Internet access or optional notification service via SMS). These terms of use shall not grant a right of access. Access rights may, however, be granted in terms of a service contract that you conclude with HDG. In the relationship between the user and HDG, these terms of use shall govern the rights and obligations of the parties in the context of the use of myHDG and HDG WebControl. The rights and obligations of the user in terms of other contracts with HDG Bavaria GmbH shall remain unaffected.

1.4 We shall be entitled to amend these Terms of Use in the event that unforeseen changes, which are not caused by us, disturb the existing balance in the contractual relationship to a material extent or if – for example due to a change in the law or legislation – an omission in the provisions arises that may cause difficulties in the implementation of the contract.

2. Provision of and access to myHDG and HDG WebControl

2.1 HDG WebControl and myHDG are provided for use via online access on an Internet server connected to the World Wide Web (www). The availability of the server is provided by an authorised Internet service provider. HDG services uses affiliated companies to control access to myHDG and HDG WebControl. HDG shall only be responsible for the contractual operation of the systems, computers and lines that it operates itself. Furthermore, the use of third-party computer systems and lines in the Internet and the World Wide Web (www) shall be at the risk of the user. For the registration and use of the services of HDG, you need an Internet-capable computer with appropriate software and an Internet connection, the procurement and setup of which shall be your responsibility.

2.2 The use of myHDG and the HDG WebControl requires a registration with HDG. A user may register only once. The registration shall take place via your e-mail address and by providing the following personal information: Address, last name, first name, address, postal code, place, phone number. The successful registration and further use of myHDG and HDG WebControl shall be subject to the truthful provision of the name and address as well as the fields marked as mandatory in the registration form. The user rights shall be personal and non-transferable. A user shall not transfer their access rights or permit third parties to make use thereof. The user contract shall come into force on acceptance of the registration by HDG. At registration, you must select and enter a password. We recommend the use of a secure password with at least nine characters that consist of upper- and lower-case letters, numbers and special characters. Please change your password regularly (at least every three months) to ensure the necessary level of security.

3. Notification by e-mail, SMS and push notifications

3.1 In addition to access via the browser, myHDG or the HDG WebControl also offers the option of direct notification via e-mail message, SMS or push notification (iOS/Android app). This depends on the technical requirements being met, in particular using the Touch XL version of HDG Control. HDG uses the services of affiliated companies to provide these services. HDG does not guarantee that the services offered by such partners shall always be available and it shall also be entitled to terminate a service if its cooperation with the service provider terminates. Furthermore, HDG does not guarantee that all the services will be available at the time that a heating system with HDG Control Touch XL is purchased. Fees may apply in respect of certain services, in particular for the purchase of SMS packages for notification on a mobile phone. Once this package has been used up, no further SMS messages will be sent. For notification by e-mail, users have the option to use the integrated service of myHDG or their own e-mail server. For the integrated service, HDG uses the services of an e-mail service provider. HDG assumes no liability for the ongoing operation of the service if the service provider interrupts or discontinues the service. The user shall be responsible for the data entered. HDG shall not be liable for incorrectly entered data and any notifications not sent in consequence thereof. In this regard, it shall be irrelevant which channel (SMS, e-mail, push) is used for messaging. Under no circumstances (e-mail, SMS, push messages) shall HDG be liable for the consequences of a message not having been sent. This shall also apply in respect of any damage to the system.

4. myHDG and HDG WebControl content, rights to the content

4.1 HDG decides at its own discretion which content and functions are offered to myHDG and HDG WebControl. The user shall have no right to the inclusion of specific content or specific functions. Similarly, there shall be no right to the completeness of the added content and functions. Unless the contrary is stated, the validity of the information corresponds to the knowledge of HDG as at the date of publication specified in the relevant document or file. If HDG provides links to third-party websites as part of myHDG and HDG WebControl, the link is only intended as an option for the user to obtain further information. HDG shall not be responsible for the content on the linked site, unless this is expressly stated in the text that contains the link.

4.2 The content on myHDG as well as the HDG WebControl is protected, in particular by copyright, irrespective of the way in which it is made available. All the rights to the content shall remain with HDG and our licensors. When using any of the content of myHDG and HDG WebControl, the proprietary notices contained therein, in particular the copyright notices, logos and brands, shall be adopted without any changes. They must not be removed or modified in any way. Beyond the scope expressly permitted in Item 5 of these terms of use, this content, in whole or in part, shall not be downloaded or reproduced, made accessible to third parties, presented or depicted in public or in any other manner distributed to third parties, permanently or temporarily, with or without payment. Furthermore, the content must not be modified, translated or edited in any other manner. You must not decompile, reverse-engineer, disassemble or interfere with the software in any other manner. You must not circumvent, remove or render useless any copy protection or other technical protection measures.

4.3 The myHDG and HDG WebControl service, features or parts thereof may not be available in all languages or in all countries. HDG does not guarantee that the service, its features or parts thereof shall be appropriate or available for use at any location. If you choose to access and use the service, you do so at your own initiative and you shall be responsible for compliance with the applicable laws.

5 Use of myHDG and HDG WebControl, rights of the user

5.1 As part of your access, you may use myHDG and HDG WebControl to read information from HDG and download this information, insofar as this is expressly permitted. In addition, you have remote access to your heating system (HDG WebControl), provided that the technical requirements are met.

5.2 Documents with information in text or graphic form that are available after registration with myHDG (including PDF files) can be downloaded, printed and reproduced for personal use.

5.3 Information and downloads that are provided in special areas may also be provided for other purposes, such as for the correction of errors. Your right to use this information and these downloads shall be subject to your service contract. If this does not contain any specific provisions, the terms of use in Item 5 hereof shall apply.

5.4 The use granted to you under this Item 5 shall be non-exclusive, non-transferable and cannot be sublicensed. Unless the contrary is expressly stated in these terms of use, the use of the content shall only be permitted for the purpose of the user as the recipient of the documents and a user of the functions provided. The permission granted in Item 5 shall only apply in respect of the complete document and the complete web functionality (remote access to the heating system via HDG WebControl). Partial use shall not be permitted.

5.5 If HDG provides the option to upload your own content to myHDG or HDG WebControl, and you take advantage of this option, HDG and its business partners shall be entitled to use this content accordingly (for the analysis of reported errors, etc.). This shall include the right to transfer this content to other companies or third parties.

6. User's obligations, consequences of breaches

6.1 You shall only be entitled to use myHDG and HDG WebControl in accordance with these terms of use and within the intended use of the portal. Access restrictions and security measures put into place by HDG shall be observed. When communicating with HDG, proper commercial practice shall be observed. Advertising and commercial offers ("SPAM"), illegal or immoral content or content that is not compatible with the purpose of myHDG and HDG WebControl must not be used.

6.2 You shall be obliged to keep your access permission/passwords confidential. In addition, you shall be obliged to take the necessary precautions to prevent unauthorised persons from obtaining your access rights and your password, in particular by changing your password regularly. If you have a suspicion or evidence that your access information has become available to or is being used by unauthorised persons, please inform HDG immediately so that we can suspend the affected user account. You shall be responsible for the unauthorised use of myHDG and HDG WebControl under your password unless you can establish that the misuse of your password was not attributable to any fault on your part.

6.3 You shall also be obliged to treat the content and functions provided by HDG as confidential and not make them available to third parties, insofar as this user contract does not expressly permit this. The confidentiality obligation shall not apply to information that was generally known or became generally known to you without breaching the provisions of this user contract or any other existing provisions for the protection of trade secrets, or to information that was known to you prior to the disclosure by HDG or that you developed independently and without recourse to confidential information from HDG. The confidentiality obligation shall continue to apply after the termination of the contract for an indefinite period and for as long as the contents remain confidential.

6.4 You shall undertake to ensure that your technical infrastructure is secured according to the state of the art against unauthorised access and viruses, so that it does not constitute a risk to the technical facilities of HDG.

6.5 If faults occur in respect of the HDG services used by you, you shall inform HDG thereof immediately.

6.6 In the event that myHDG or HDG WebControl is used in breach of the contract, HDG shall be entitled to suspend the user. The user shall be informed of the suspension of the user account by e-mail sent to the e-mail address provided by the user on registration. Additional rights, such as the right to terminate and claims for compensation, shall remain unaffected.

7. Service interruptions

7.1 HDG shall be entitled to withhold services if:

• Work on their Internet server must be performed that cannot be performed without an interruption of services and the interruption is not for a significant period of time;
• HDG is obliged to comply with an order by a public authority or court that makes the provision of the services impermissible or impossible;
•     A well-founded suspicion exists based on evidence that you are using our services in breach of the contract, or your equipment or your use of myHDG or HDG WebControl constitutes a risk or potential risk of causing damage to HDG or third parties. This includes, in particular, the risk of the spread of viruses or overloading the network due to improper use. Insofar as possible, HDG shall inform you in advance of an interruption in the services and the probable duration thereof. The services shall be restored immediately when the grounds for the interruption no longer exist. The user shall not have any further claims.

8. Information on data protection

8.1 The anonymous use of the HDG web server portal or the use of pseudonyms shall not be permitted as the use depends on the verifiable authorisation granted to a specific user. HDG shall be entitled to collect and use the user-related data to the extent necessary for the proper performance of the contract, i.e. to check the authorisation of the user and, if applicable, its authorised employees, and to check and enable the proper use of the services.

8.2 You are hereby advised that the data may be provided to a data centre commissioned by HDG. If you are a customer of a business partner of HDG, your data may be transferred from HDG to the business partner.

8.3 The processing or use of your data for advertising purposes shall only take place if you have consented to this.

8.4 Additional important information on privacy and data protection can be found in our privacy policy.

9 Limitation of liability

9.1 We shall be liable for damages that are intentionally caused or due to gross negligence as well as for injuries to life, limb or health in accordance with the statutory provisions.

9.2 In respect of other culpable breaches of material contractual obligations howsoever arising, we shall only be liable to the extent that such damages are typical for the contract, i.e. foreseeable. We shall not be liable for minor negligent breaches of other contractual obligations.

9.3 These limitations of liability shall also apply in favour of our employees and other agents. The provisions of the Product Liability Act shall remain unaffected.

9.4 If the user rights for myHDG and HDG WebControl are based on a service contract with HDG, the limitations of liability in the service contact that differ from these provisions shall apply instead of these limitations, even in respect of the use of the customer service portal.

10. Term of the contract and termination

10.1 The user contract shall come into effect on the acceptance of your registration by our confirmation or activation of the user account. Alternatively, by the confirmation of these terms of use through the use of the e-mail service, which is available without further registration.

10.2 HDG shall be entitled to terminate the user contract in the ordinary course by giving one month's notice of termination. The user shall be entitled to terminate the user contract at any time without notice. The right to terminate for good cause shall remain unaffected. Good cause for an extraordinary termination by HDG shall arise in particular if the user breaches these terms of use in a material manner or if the continuation of the user relationship is no longer reasonable for HDG.

11 General

11.1 If you use myHDG and the HDG WebControl as the holder of a service contract with HDG, these Terms of Use shall apply in addition to your service contract; in the event of contradictions, the regulations of the service contract shall take precedence. If you as the holder of a service contract with a business partner use the HDG customer service portal, the relationship between you and HDG shall be governed exclusively by these terms of use. Any claims arising from your service contract with your contractual partner shall not be affected.

11.2 You are not entitled to assign contracts concluded with HDG as a whole or individual rights or obligations hereunder or otherwise to transfer rights and obligations under contracts concluded with HDG in whole or in part to third parties without the consent of HDG.

11.3 In the event of one or more of these provisions being legally ineffective, the remaining provisions of these terms shall remain binding.

11.4 The law of the Federal Republic of Germany shall apply exclusively.

11.5 If you are an entrepreneur within the meaning of Section 14 BGB (German Civil Code), Massing is agreed as the exclusive place of jurisdiction.

11.6 HDG's contact partner for this user contract and any related issues can be reached at: info(at)hdg-bavaria.com and under the telephone no. +49 (0)8724 897 0.

11.7 All the statements contained herein shall be subject to change at any time. Liability for the correctness of the statements shall be excluded.

Version: 30th August 2016