Terms of use for Paulmann smik

• Section A. contains the general rules. These apply for the use of Zigbee products.
• Section B. contains specific rules for your use of Zigbee-capable products as a supplement to Section A.

A. General rules

1 Definitions

1.2 You refers to you as the user of the app, the smik gateway and/or the services

1.3 App refers to the Paulmann smik app provided by Paulmann via an app store. 

1.4 Services refer to all functions and services that are accessible via the app and the smik gateway, regardless of whether they require an internet connection; the services include the required cloud-based services (e.g. Paulmann user account, access to downstream services such as e.g. voice assistants). 

1.5 Compatible products refer to specific Zigbee-capable products from Paulmann and third parties that can be controlled via the app using the smik gateway. 

1.6 Device refers to the IT device (smartphone) on which you operate the app and with which you can control compatible products. 

2 Contractual object, scope, conclusion of contract 

2.1 These terms of use apply between you as the user and Paulmann once you accept the terms by clicking the corresponding button in the app. 

2.2 The contractual object is the use of the app, the smik gateway and the services to control compatible products. 

2.3 These terms of use apply exclusively to the use of the app, the smik gateway and the services. They do not apply for 

• products (e.g. lamps or luminaires), regardless of whether you purchased them from us. 
• warranty statements provided by us for purchased products. 

2.4 These terms of use in no way affect the legal guarantee for a compatible product or other legal rights that you have as a consumer in your country of residence. The Paulmann warranty conditions (https://de.paulmann.com/rechtliches/garantiebedingungen/) do not apply for the app, the smik gateway and the services. 

2.5 Once you have accepted these terms of use, the app store operator and its subsidiaries have the right to enforce these terms of use against you as third party beneficiaries. 

3 Conditions of use & purpose 

3.1 In order to control compatible products, it is necessary to observe the special prerequisites for use in Section B.2 or Section C.3. 

3.2 Additional technical prerequisites for the app can be found in the app store. 

3.3 The app, the smik gateway and the services may only be used for private household use. Commercial use is not permitted. 

4 Use, restrictions of the scope of service 

4.1 The use of the app and the services is free of charge. We reserve the right to introduce additional services for a fee and will inform you of these circumstances in good time. 

4.2 We are continually working to improve our products. For this reason, we have the right to change the contents and the scope of the app, the smik gateway and the services within the context of an update at our reasonable discretion, and to provide software updates at a reasonable time, particularly for the following reasons: 

• for technical reasons, such as the elimination of errors or faults, 
• to guarantee security, 
• for function extensions, or 
• if modifications are required for optimisation. 

The changes are deemed reasonable in particular if the existing scope of service is not restricted or any existing services are replaced by different, equivalent services. 

4.3 We are not obligated to provide the following services:

• Support relating to the app, the smik gateway software or the services, or services provided by third parties. 
• Establishing the compatibility of the app with your device (hardware, operating system, different versions, drivers and/or control elements) or third-party products, insofar as we are not liable for the app, the smik gateway software, the services or compatible products from Paulmann under the framework of liability for material or legal defects. 

4.4 At our reasonable discretion, we provide the app in the app store for an appropriate period of time, which you can expect due to the nature and purpose of the compatible products from Paulmann as well as considering the circumstances and nature of this contract. Accordingly, after this period has elapsed we have the right to discontinue the provision of the app via the app store at any time and at our reasonable discretion (e.g. for technical or operational reasons). 

4.5 The app store operator does not provide support relating to the app. Any claims of the user relating to the app, its ownership and/or its use must be directed exclusively to Paulmann and not to the app store operator. 

5 Software updates 

5.1 During the time period which you can expect due to the nature and purpose of the compatible products from Paulmann as well as considering the circumstances and nature of this contract, we are only obligated to perform updates or upgrade of the app, the smik gateway software or the services ("Updates") that are necessary for the intended use of the compatible products from Paulmann as well as for their security. You will be informed of these updates, any required installation guides and the consequences of refraining from installing these updates in a suitable manner (e.g. in the app store, on our social media channels or in the app). 

5.2 If we provide an update that is required in order to maintain the intended purpose of the app, the smik gateway, the services or the compatible product from Paulmann, you are responsible for installing this update within an appropriate period in order to continue using the app, the smik gateway, the services or the compatible product from Paulmann. 

5.3 We are not obliged to provide any updates that improve functions or expand the existing scope of functions. 

5.4 Updates may result in products or services from third-party providers no longer being compatible; in these cases, you must update or configure them yourself in order to continue using them via the app or the services. You are obligated to carry out updates manually within an appropriate period if 

• we inform you concerning the availability of the update and the consequences of refraining from installing the update at a suitable location and 
• the functionality or security of the app, the smik gateway or the services cannot otherwise be guaranteed. 

Where necessary, we will provide an installation guide. We hereby inform you that delaying updates or refraining from installing updates may make it impossible to control compatible products or result in security risks. 

6 Registration, Paulmann user account 

6.1 You may only register for a Paulmann user account if you are of legal age and we have not previously excluded you from use. Minors may only use the app and the services with the consent of their parents or a legal guardian. If you as a parent or legal guardian allow your child to use the app, the smik gateway and the services, these terms of use apply for you; in this regard, you accept responsibility for their use. 

6.2 For successful registration, you must enter the following data: 

• Email address
• Username 

 Optionally, you can enter the following data: 

• Gender
• Age (Indicate a range)

6.3 You will receive an email at the email address you provided during registration with a code in order to verify your Paulmann user account. To complete registration, you have to enter the code on the registration page in the app. Then you can log into your Paulmann user account in the app with your email address and password. After successful registration, Paulmann will create your user account. 

6.4 The Paulmann user account cannot be transferred to another person. Only one Paulmann user account may be created per person. 

6.5 You must keep your password secret from third parties. If third parties have obtained knowledge of these data or if you have a suspicion along these lines, you are obligated to change your password immediately and inform Paulmann. We are entitled to block access to the Paulmann user account if there is justified suspicion concerning misuse of the data access by third parties. 

7 Your general obligations as user 

7.1 We rely on your assistance in resolving malfunctions in the app, the smik gateway and the services including updates. If you experience any malfunctions, please inform Paulmann Licht via email to app-support@paulmann.de. 7.2 You may not use the app, the smik gateway and the services including updates in any way that 

• •  7.2.1 could cause damage to a compatible product or negatively impact the security of the compatible product or services.
• •  7.2.2 is prohibited by the terms of use of Mac App Store, Apple App Store, iBooks Store or Google Play Store or the terms of use of the voice assistant used by you.
• •  7.2.3 violates legal regulations. 

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• 8 Usage rights 

• 8.1 We grant you usage rights in the app, the smik gateway and the services including updates for the purpose of using them properly and in accordance with these terms of use to control compatible products, insofar as this is technically required. The right of use is 
• • non-exclusive,
• • non-transferable,
• • non-sublicensable and
• • limited to the term of this contract.
• The right of use only includes the right of reproduction to the extent that loading, displaying, running or storing the app on your device technically requires the reproduction of the app. 
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• 8.2 The following activities are not permitted with the app, the smik gateway software and – where technically possible – with the services including updates: • Distribution, copying (outside the scope of intended use), modification or editing/revising,
• • Extraction of content,
• • Reverse engineering,
• • Provision or leasing of the app, the smik gateway and the services or updates to third parties
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• 8.3 The provisions of Art. 69d (2) UrhG (German Copyright Law) (Creation of a backup copy by an authorised user) and Art. 69d (3) UrhG (Observing, examining and testing using actions that are authorised), Section 69e (Decompiling in order to achieve interoperability of an independently created program) remain unaffected by the present regulations. 

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• 9 Deficiency claims

• 9.1 Unless otherwise specified in Clause 9 of these terms, legal claims to liability concerning defects in compatible products from Paulmann remain unaffected. We are not liable for material and legal defects of compatible products by third parties except in cases of gross negligence or wilful intent. 
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• 9.2 We are liable in accordance with the statutory provision for material and legal defects in the app, the smik gateway software and the services including any updates.
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• 9.3 We are entitled to refuse to provide updates (Clause 5) in the course of subsequent performance if this is only possible at disproportionate costs, e.g. in the following cases: 
• • Support of operating systems that are no longer commonly used.
• • Rectification of defects that are very rare in comparison with the total number of users and impossible to predict given the necessary diligence, if their rectification requires the commissioning of third parties.
• • If it can be credibly demonstrated that the costs for the development of the update exceed the general development costs of the compatible product.

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• 10 Liability 

• 10.1 Except in cases where we have acted with intent or with gross negligence, we are not liable for damages that 
• • 10.1.1 were caused by misuse of the Paulmann user account or incorrect entries made by you.
  

• • 10.1.2 were caused by a culpable failure on your part to carry out an update, and the damage would have been prevented if you had installed the update. 
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• 10.2 Apart from this, we are liable 
• • for intent and gross negligence,
• • according to the regulations of product liability law,
• • within the extent of a warranty that we have expressly accepted, and
• • for culpably caused damage to life, body or health
• in accordance with statutory regulations. 
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• 10.3 Apart from the cases governed in Clause A.10.2, we are also liable for minor negligence with regards to cardinal duties whose fulfilment is necessary for the proper implementation of the contract and for which you can regularly rely on compliance (cardinal duties). In this case, the total liability is limited to the amount of foreseeable damages that can typically be expected to occur. We are not liable for minor negligence with regards to cardinal duties above and beyond this. 

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• 11 Communication between you and Paulmann 

• You hereby accept that we may communicate legally or technically relevant statements that are not advertisements, such as announcements or notices concerning updates or changes to the terms of use, using the email address you provided when registering for a Paulmann user account. 

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• 12 Duration of agreement, termination, blocking of Paulmann user account 

• 12.1 This agreement lasts until one of the contracting parties declares its termination. Both contracting parties have the right to terminate these Terms of Use at any time without notice. This does not affect either party’s right to termination for good cause. 
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• 12.2 You can delete your Paulmann user account by sending an email to app-support@paulmann.de with the subject "Delete User Account Paulmann smik" using the email address you provided during registration. The parts of the contract concerning the use of the Paulmann user account and the services available via the Paulmann user account (Section A.6 and Section B) end automatically if you delete your Paulmann user account without requiring termination. 
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• 12.3 A de-installation of the app or the installation of a new version of the app (including updates and upgrades) with new or amended terms of use shall also be deemed to be a declaration of termination of these terms of use on your part.
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• 12.4 Our removal of the app from all app stores shall be considered termination of these terms of use. 
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• 12.5 This does not affect either party’s right to extraordinary termination for good cause. In particular, we consider your violation of the following provisions of these terms of use to be good cause for termination: 
• • Clause A.3.3 (Commercial use)
• • Clause B.3.4 (Inappropriate number of accesses to the services)
• • Clause A.6.5 (Disclosure of password to third parties)
• • Clause A.8.1 (Exceeding the granted rights of use) or A.8.2 (Violation of explicitly prohibited actions)
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• 12.6 In the event of a violation pursuant to Clause A.12.5, we are entitled to block your Paulmann user account immediately and to exclude you from further use of the app and services after prior notification and after a reasonable grace period has passed without effect. This grace period may be dispensed with if there are particular circumstances that justify immediate termination upon weighing the interests of both sides. In the case of extraordinary termination for good cause, you are no longer entitled to register again. 

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• 13 Changes to these terms of use 

• 13.1 We are entitled to change or add to these terms of use. Clause A.4.1 remains unaffected by this. We will only make such changes or additions if they are necessary due to important factors such as technical (significant changes or extensions to functions, adjusting the app to the state of the art, security-related changes) or legal reasons (changes to jurisprudence, changes to laws). We will inform you of changes or additions four weeks before the changes enter into effect in a suitable way, for example in the app store, via the app or, if you have created a Paulmann user account, via the email address you have provided. In the notification, we will inform you of your extraordinary right of termination (see Clause A.13.2) and inform you that the changed terms of use will be deemed as agreed if you do not declare termination by the deadline. 
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• 13.2 You are entitled to extraordinary termination of the applicable terms of use within four weeks upon receipt of the notification; you can find your termination options in Clause A.12. If you terminate the contract, this will only remain valid until you uninstall the app or until you install an update of the app with new or modified terms of use. If you do not exercise your right of termination, the contract will be continued with the changed terms of use as soon as you have downloaded an update for the app from the app store with the modified terms of use and have agreed to these new terms of use in the app. 

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• 14 Dispute resolution & final provisions 

• 14.1 We are neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board according to German consumers' dispute settlement law. 
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• 14.2 The invalidity of one provision does not affect the validity of the remaining provisions. If a legal loophole exists, the contracting parties commit to replacing the missing terms with a contractual provision that reflects the consensus of the parties. The same applies if a legal loophole is created by a provision becoming invalid or void, and there is no legal provision available to fill the gap. 

• B. Control of Zigbee products 

• 1 General, validity of third-party terms of use 

• 1.1 The regulations in Section B of this document apply in addition to the regulations in Section A. 
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• 1.2 If you link your Paulmann user account with an account from a third-party provider, e.g. in order to use a voice assistant such as Amazon Alexa, the relevant terms and conditions of the third-party provider apply for the use of the third-party account and the associated services. These terms of use do not impair the terms and conditions of the third-party provider in any way. Conversely, the conditions of the third-party provider do not impair these terms of use in any way. 
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• 2 Conditions of use 

• In order to control Zigbee-capable compatible products, the following prerequisites must be met: 
• • An internet-capable device with Android or iOS operating system. 
• • Downloading the app from an app store onto your device.
• • Accepting these terms of use.
• • Connecting the smik gateway with your WLAN router via LAN cable; the device to be controlled must be on the same WLAN network as the smik gateway.
• • Active internet connection of the device and the smik gateway for updates and compatible products as well as for the use of specific services that require an internet connection.
• • Successful creation of a Paulmann user account for the use of specific services 
• • For the use of external services such as voice assistants, connecting the existing Paulmann user account with your existing account for the external provider. 
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• 3 Scope of service 

• 3.1 You can control Zigbee-capable compatible products in compliance with the conditions of use, in particular as follows: 
• • via the local network or via internet using the app; 
• • via accessories paired on the smik gateway such as switches; or
• • via the local network or via internet using services such as voice assistants. 
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• 3.2 We exclusively provide the services for an appropriate period of time, which you can expect due to the nature and purpose of the respective compatible product as well as considering the circumstances and nature of this contract. Accordingly, after this period has elapsed we have the right to discontinue the provision of the services at any time and at our reasonable discretion (e.g. for technical or operational reasons).
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• 3.3 The control of Zigbee-capable compatible products from third parties is not included in the scope of services. However, we endeavour to make control possible. When controlling Zigbee-capable compatible products from third-party providers, the scope of functions may be limited depending on the circumstances. 
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• 3.4 The number of accesses to cloud-based services is restricted to an appropriate number per week that would typically occur in an average private household. 
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• 3.5 Repeated updates of the smik gateway are necessary in order to guarantee its compatibility, security and proper function, as well as to introduce new functions. These updates generally occur automatically at night and generally take approximately 5 minutes; during this time, you will not be able to use the services. You hereby accept that we are allowed to carry out these automatic updates without your consent and according to Clause A.4.2. 
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• 3.6 We are not obliged to provide constant availability of the app, the smik gateway and the services. In particular, in this regard we reserve the possibility of restricted availability due to maintenance work or the installation of updates on the smik gateway (see Clause B.3.5) in a reasonable scope and for the purposes explained in A.4.2 (eliminating faults or errors, security, optimisation, functional expansions). However, we endeavour to maintain operation as smoothly as possible, and to carry out maintenance work and updates as quickly as possible and at a time when they are expected to cause the least impact. 
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• 4 Your specific obligations as user 

• 4.1 You must ensure that there is a WLAN or internet connection, depending on the type of use, between your device and the smik gateway before and while using the app if you wish to use services that require an internet connection. 
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• 4.2 If a user account with a third-party provider is required for the use of particular services (e.g. Google Assistant, Alexa), you are responsible for setting up and maintaining this account. 
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• 4.3 You will pay the costs and fees incurred during the use of the app and services with third parties (e.g. data rates for broadband internet access or mobile internet). 
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• 4.4 In order to receive updates for the smik gateway and connected compatible products from Paulmann, you must establish an internet connection with the smik gateway. 
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• Thank you for reading our terms of use. 
  
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• Last updated: February 2022