The De Dietrich SMART TC App (“App”) is a mobile app that can be used to control your De Dietrich heating
appliances. You may download the App for free, although normal data charges for connectivity may apply.
terms of sale.
The App and Services are provided by De Dietrich, having its registered office in France, 57 rue de la Gare
– 67580 Mertzwiller (groupe BDR Thermea).
which you downloaded the App (“App Store”). Each App Store may have its own terms and conditions to which
must agree before downloading apps from it. You agree to comply with, and your license to use the App is
conditional upon your compliance with, such App Store terms and conditions. To the extent that terms and
2. User account
Before you can use the full functionality of the App and Services you must create a user account. During
the registration process you are requested to provide certain data. You represent that all information you
provide to us will be true, accurate, current and complete and you agree to update your information as
necessary to maintain its truth and accuracy.
You are responsible for keeping your user account and password confidential. You are also responsible for
all activities that occur in your user account.
3. App and Services
You can install the App on your internet capable mobile device, such as your smartphone or tablet.
The App and Services can be used to control your De Dietrich heating appliances and to monitor energy
consumption. Detailed information on the functionality of the App and Services can be found on our website.
Dietrich may make modifications to the App and Services without prior notice.
It is your responsibility to secure all existing data on your mobile device before installing the App.
De Dietrich may provide software and/or firmware updates to the App and your heating appliances. It is
essential that you download these updates to ensure that you can enjoy the latest functionalities and that
App and your heating appliances contain the latest security patches and bug fixes.
The Apps and Services are provided on an “as is” and “as available” basis. De Dietrich, its affiliates,
licensors, partners and other suppliers do not warrant that the App and Services will meet your
operate without interruption, be error free or that errors will be corrected. De Dietrich does not give a
warranty against infringement of third-party intellectual property rights.
De Dietrich is under no obligation to keep and maintain any data entered or submitted by you to the
Services. De Dietrich is not obliged to make back-ups of data submitted by you.
4. Right of use
De Dietrich and its licensors retain all right, title, and interest in and to the App and Services,
including all patents, copyrights, trademarks and design rights, trade secrets, and other intellectual
rights incorporated therein.
We hereby grant you a non-exclusive and non-transferable license (without the right to sub-license) to use
the App in object code format for your own non-commercial use. The App and Services may not be used
commercially or in a non-domestic environment.
You shall not, and you shall not permit any third party, to reverse engineer, decompile, or disassemble the
App, modify or adapt the App, merge the App into another program or create derivative works based upon the
except to the extent permitted by applicable law.
De Dietrich and its group company BDR Thermea Group B.V. collect and use your personal data in connection
with your use of the App in accordance with our digital privacy statement.
Although De Dietrich will try to provide you with the best possible App and Services, De Dietrich shall
under no circumstances whatsoever be liable to you, whether in contract or tort, for any damages, resulting
from or in connection with your use the App or Services. The foregoing limitation of liability shall not
in the event that the damage results from the gross negligence or willful misconduct of De Dietrich’s
7. Term and termination
The agreement will terminate immediately and without additional notice in the event that you breach, and/or
– disable your use of or access, in whole or in part, to the Services, including your account, for any
and without any notice. If your license terminates, you must discontinue your use and uninstall the App.
You may terminate the agreement at any time by deleting the App from your mobile device.
and regulatory requirements, or to implement minor technical adjustments and improvements. These changes
not affect your use of the App or Services.
We may need to make more significant changes that may affect your use of the App or Services. If this is
required, we will contact you to give you reasonable advance notice of the changes and let you know how to
delete your user account if you are not happy with these changes.
De Dietrich shall not be liable for any delays or failures in performance to the extent that such delay or
failure is due to circumstances beyond its reasonable control (force majeure). Force majeure shall also
a situation of force majeure for De Dietrich suppliers.
This Agreement is governed by French law. Any disputes between De Dietrich and you shall be exclusively
resolved by the Tribunal de Grande Instance in Strasbourg.