Terms of use De Dietrich SMART TC App

1. General

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.
These terms of use (“Terms of Use”) cover your use of the App and access to the related services (“Services”). These Terms of Use do not apply to the heating appliances itself, which are governed by their own 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).
You acknowledge that these Terms of Use are between you and De Dietrich and not with the app store from which you downloaded the App (“App Store”). Each App Store may have its own terms and conditions to which you 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 conditions from such App Stores are less restrictive than, or otherwise conflict with, these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

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.

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. De 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 the 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 requirements, 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.

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 property 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 App, 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 apply in the event that the damage results from the gross negligence or willful misconduct of De Dietrich’s executive management.

The term of the agreement between you and De Dietrich starts upon your acceptance of these Terms of Use and shall continue unless terminated in accordance with these Terms of Use.
The agreement will terminate immediately and without additional notice in the event that you breach, and/or fail to comply with, any term within these Terms of Use. De Dietrich reserves the right to – at its discretion – disable your use of or access, in whole or in part, to the Services, including your account, for any reason 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.

We may need to amend these Terms of Use from time to time. For example, to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will 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 include 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.

These Terms of Use have last been changed on January 29 2016.