Legal notice for the Home Connect app

Here you can find the legal notice for the provider, the Terms of Use and the Data Privacy Policy for the Home Connect app.

Terms of Use for the Home Connect App United States

1. Basis of agreement

The company BSH Home Appliances Corporation, 1901 Main Street, Suite 600, Irvine, CA 92614 (hereinafter "Home Connect” or “we") hereby provides you with the Home Connect App (“App”) free of charge for installation and use on your mobile device(s).

These terms of use ("Terms of Use"), as amended from time to time in accordance with Section 16 below, shall be in force between you as the user of the App and the company BSH Home Appliances Corporation as operator of the same. Users of the App are also subject to the Privacy Policy located at http://home-connect.com/app_legal/ , which govern Home Connect’s collection, use and disclosure of personal information, including the transfer of personal information to foreign jurisdictions.

By clicking to indicate your acceptance of these Terms or otherwise using the App, you agree to these Terms of Use, including the mandatory arbitration provision and class action waiver section below. You may consult and save these Terms of Use in the App under "Settings".

2. Functions and services offered by the App

The App serves to manage household appliances ("Appliances") that are compatible with Home Connect and to provide other services (e.g. tips for using certain Appliance programs, recipe suggestions or suggestions to increase energy efficiency) in connection with your Appliances (collectively, the “Services”).

To use the Services, you must download the App on a compatible device. The Terms of Use can be downloaded and saved by you prior to your assent, and the then-current version will be available. You agree to comply with these Terms of Use and any applicable third party terms when using Home Connect App, including any terms of the online store, such as Apple iTunes or GooglePlay (“Online Store”). The functions offered by the App vary depending on the specific type of device. Explore the App to see which specific functions are available to you.

For security reasons, some Home Connect functions require not only a command prompt via the App but also manual confirmation and/or manual activation on the Appliance itself. The Services will inform you of such requirement accordingly.

Your user ID, information on your Appliance and your control commands are transmitted to a server ("Home Connect Server") via the data connection; the server transmits your control commands.

While you may install the App on a mobile device, you will not enjoy the App’s full functions unless you are (1) logged in to your Home Connect Account, (2) your Appliances are paired with your Home Connect Account, and (3) your Appliances and the App have established a data connection with the Home Connect Server. If you disconnect your Appliance from the Home Connect Server in the App, you will only be able to use a limited range of functions and services visible in the App within the scope of the WiFi connection that covers the Appliance (WiFi-only use). For security reasons, we discourage managing an Appliance through the WiFi-only setting for a long period of time as this will prevent you from receiving any available, security-relevant software updates for your Appliance.

If you deactivate your Appliance's WiFi connection in the App, your Appliance will not be able to establish a connection to the Home Connect Server. Moreover, deactivating this connection also means that the App cannot be used to control your Appliance.

3. Registration process

Use of the App requires the creation of an Account (registration). You must provide, as a minimum, your first and last name, the location of the Appliance (country), your email address (user ID) and a password for registration to be successful. Use of the App outside of the United States may require you to provide additional information. You agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your user ID and password, not share this information with any third party and accept all risks of unauthorized access to your account; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the App, including unauthorized access to your User ID or password. If you lose your password or if you suspect that a third party has gained access to it, you must notify Home Connect immediately using the contact information provided in the App and change your password. Use the "Change password" function and/or the "Forgotten your password?" function in the App to change your password or create a new one. If you allow third parties to use your App on your mobile device, you are responsible for ensuring that the App is used in accordance with these Terms of Use and the applicable laws.

Once you have successfully registered, you will receive an email confirmation and your Account will be activated. The email will contain a link that will direct you to a confirmation webpage, which you must use to confirm your registration.

You acknowledge and agree that Home Connect will use the email address you provided for your Account to contact you regarding your Account, your use of the App, and for other purposes for which you have consented or that are otherwise permitted under law.

If you breach or violate any of the Terms of Use (as determined by Home Connect in its sole discretion), your Account and access to the App may be terminated.

Home Connect reserves the right to modify, discontinue or cancel the Services or the App, including any particular functionality, without notice at any time. Home Connect reserves the right to refuse registration of the Services to any one, at any time and for any reason or no reason.

4. Perpetual Log-in

Most functions and services offered by the App can only be used if you are logged into your Account. For security reasons, you will be automatically logged out of your Account no more than 24 hours after logging in. If you activate the function "Remain logged in", you will not be automatically logged out of your Account for three (3) months. Please note that despite its convenience, using this function increases the risk of third parties who have access to your mobile device using the App without authorization. You are liable to Home Connect for any form of misuse by third parties. In order to deactivate the function "Remain logged in", simply log out of your Account. Closing the App has no impact on your Account login status.

5. Eligibility requirements for use

To allow you to use the part of the App which requires registration, the following conditions have to be fulfilled:

- you are a private consumer and at least 18 years old,

- you have set up an Account as part of the registration process,

- you operate your Appliance in a country where Home Connect offers the App (list of available countries may be retrieved from the App).

You may only use the Home Connect App for your personal, family or household purposes as a consumer. The Home Connect App may not be used commercially or in a non-domestic environment.

In order to use the App, it has to be installed on a web-enabled, mobile device that runs a supported operating system (see www.home-connect.com for a list of supported mobile devices). The mobile device and the Appliance have to be provided by you and connected to WiFi through an adequate internet router. Beyond the Appliance's WiFi coverage, your mobile device will require another data connection. During offline operation, the device may be operated as an "unconnected" Appliance. If the WiFi connection is deactivated or if the mobile device is outside the reach of the WiFi connection, the Appliance cannot be managed via the App. You shall be responsible for bearing any costs arising from the WiFi data connection (also for downloading updates of the Home Connect app or the Appliance’s firmware as well as for transmitting images). Home Connect shall not be liable for the availability, quality, or the cost of the WiFi connection.

6. Prohibited Uses

Without limitation, you agree that you will not use the Services to do any of the following:

(a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

(b) violate any applicable local, provincial, national or international law.

7. Use of the App by multiple users

In accordance with the express specifications of Section 10, the App may be used by multiple users, as long as each user has their own Account. If multiple users add the same Appliance to their Accounts (e.g. use by various family members or those who live in the same dwelling), the user who first added the Appliance to its Account ("Main User") shall be entitled to remove the Appliance from the accounts of users who added it at a later stage. The Main User may assign its Main User privilege to another Account. All users of an Appliance can see the respective device status in the App and issue control commands if need be.

The use of third-party services (see Section 8) only affect the account of the specific user who chooses to engage such services ("Third-Party Service User").

8. Third-party services and devices

Third-parties’ services integrated into the App and services offered by third parties which enable external access to an Appliance using their own, separate application (collectively “Integrated Services”), expand the functionality of the App. The use of such Integrated Services requires your Home Connect Account to be connected to an existing account held with the third-party service provider. Any special terms of use defined by the Home Connect which apply to the use of third-party services that are either integrated into the App or offered externally can be found under "Integrated services" in the Account dashboard and have to be accepted separately, if applicable, before such services can be used. Home Connect’s special terms of use governing third-party services which have been linked to your Account govern your relationship with Home Connect and are incorporated in this Terms of Use. Please note that when you use the Integrated Services, the third-party service provider’s own terms of use may also apply to your access and use of the Integrated Services. You agree to review those terms of use. Home Connect does not and is not responsible for making the third-party service provider’s terms of use available to you.

The integration of third-party services in the App and/or linking to external services constitute additional functionalities. Home Connect reserves the right to discontinue Integrated Services at any time with or without notice.

We make no representation or warranty regarding third party Integrated Services, and you acknowledge and agree that we are not responsible or liable for third party Integrated Services, including for any personal injury death property damage or other damages or losses arising from your use of the Integrated Services.

The App may allow you to control or interact with third-party appliances or devices (“Third-Party Device”). You agree to comply with any applicable third-party terms and conditions applicable to Third-Party Devices. We make no representation or warranty regarding Third-Party Devices, and we are not responsible or liable for Third-Party Devices, including for any personal injury, death, property damage or other damages or losses arising from your use of the App with a Third-Party Device.

9. Software updates

From time to time, Home Connect may develop updates, upgrades, patches and other modifications to improve the performance of the App, Services, or Appliances or for other reasons in our sole discretion (“Updates”).You consent to receiving these Updates automatically, where available. If manual installation of an Update is required, you must install Updates promptly upon notification either by us or via the manner designated by the applicable Online Store. These Terms of Use will govern any Updates we provide, unless an Update is accompanied by a separate agreement in which case the terms of that separate agreement will govern. Prior to the first Update of your Appliances, you or any user must confirm the download and installation of the Update. For all subsequent Updates, users may select their Update preferences in the App under “Settings.” All users may change this setting at any time in the App under “Settings.” In rare instances, Home Connect reserves the right to automatically download and install critical (e.g. product safety, or data security, or data privacy compliance related) Updates on the App or your Appliances. You acknowledge and agree that regardless of the selection you make in “Settings” that these critical Updates will be automatically downloaded and installed.

The complete operability, functional reliability, and security of the App in connection with your Appliance can only be ensured if the Updates made available for the App are installed promptly; the same goes for any Updates to the Appliance made available by the manufacturer. During Updates, please ensure that there is power to the Appliance and an uninterrupted Internet connection. Home Connect is not responsible for errors affecting the App or for any damage arising from the fact that you have not partially or fully downloaded and/or installed available Updates.

10. Usage Limitations

The App and the Services, data and information that can be used and accessed via the App (the “Content”) are owned by or licensed to us or third parties and are protected under applicable laws.

You may only use the App and the services, data and information obtained in connection with the App if this is permitted in accordance with these Terms of Use and applicable laws. Home Connect reserves all copyrights, patents, trademarks and other intellectual property rights to the App and the content, services, data and information made available therein (collectively, the “App Materials”). Subject to your compliance with these Terms of Use, we grant you a limited, revocable, nonexclusive, nontransferable, non-sublicensable license to download, install and use the App Materials on a personal device that you own or control. The license granted to you in this section does not allow you to: (a), copy, translate, modify, create derivative works of, sell, publish, publicly perform, publicly display, distribute, or otherwise transfer any App Materials; (b) decompile, reverse engineer or otherwise attempt to derive the source code of any App Materials, except to the extent such restriction is prohibited under applicable copyright law; (c) work around any technical limitations in the App Materials; (d) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the App or to extract data; (e) develop any third-party applications that interact with the App, unless with our prior written approval; or (f) use App Materials for purposes for which they were not designed. Any use of our App, Content or App Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

Home Connect and/or the third-party service providers may discontinue or modify any category of Content at any time, temporarily interrupting or terminating such availability. No claims may be made against Home Connect if availability is disrupted.

11. Relocation / onward sale / third-party use

Should you relocate your Appliance outside of the United States, you must change the country settings in your Account accordingly. Please note that using the App in another country may be subject to different terms of use and a different privacy policy or data protection statement. If your country is not on the list of supported countries, you will not be permitted to continue using the App. The use of the App together with an Appliance which is not permitted to be used in the respective country is prohibited. In case of doubt, please contact the manufacturer of your Appliance.

If you sell or transfer your mobile device,, make sure to first log out of your Account and delete the App from the device in order to sever the link between your mobile device and your Account. If you sell the Appliance, you should first reset the Appliance to its factory settings to sever the link between the Appliance and your Account.

If you did not purchase your Appliance from an authorized retailer or distributor, check the account settings in the App to make sure that no unknown users (e.g., previous users) are linked to the Appliance. In case of doubt, be sure to reset the Appliance to its factory settings. Please refer to the Privacy Policy http://home-connect.com/app_legal/ for more information on data security.

12. Legal Compliance

You must comply with all applicable laws in connection with your use of the App. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

13. Disclaimers

You acknowledge and agree that the App may not be reliable or available at all times, and is not designed to be used in circumstances where the failure or malfunction of the App could reasonably be expected to result in personal injury, death, or property damage.

YOU ACKNOWLEDGE AND AGREE THAT (A) THE APP MAY CONTAIN BUGS, ERRORS AND DEFECTS; (B) DOWNLOAD, INSTALLATION AND USE OF THE APP IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE APP AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE APP WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (COLLECTIVELY, “FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. IN THE EVENT THAT THE APP IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. The laws of some states or jurisdictions do not allow the exclusion or limitation of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.

14. Indemnification

You will defend, indemnify and hold harmless Home Connect, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the App; (b) breach of any terms in this Terms of Use by you or any other party who accesses your device, the App or Account; or (c) your violation of any rights of any third party or any applicable laws. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

15. Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOME CONNECT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE OR DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DOWNLOAD, INSTALLATION OR USE OF THE APP REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HOME CONNECT ARISING OUT OF OR IN ANY WAY RELATED TO THE APP OR THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00).

16. Changes to the Terms of Use

Home Connect may amend these Terms of Use from time to time. If we make changes, we will post the amended Terms of Use to our App and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

17. Termination; Survival

(a) Either you or Home Connect may terminate the Terms of Use at any time. Upon termination, you must immediately log out of and discontinue using the App, and delete all copies from your mobile device. In the event that you want to sell or otherwise transfer your mobile device to a third party, you must first log out of and delete the App from the device.

(b) Sections 8, 13-15, 17(b), 18-19 will survive termination of these Terms of Use.

18. If you are a user in the U.S., this section applies to your access and use of our App:

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive both of our rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or the App resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or the App will be resolved through confidential binding arbitration held in Orange County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and we agree that any dispute arising out of or related to these Terms of Use or our App is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and we agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. . The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You and we agree that the state or federal courts of the State of California and the United States sitting in Orange County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms of Use or the App must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and we will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by writing to: BSH Home Appliances Corporation, Attn: General Counsel, 1901 Main Street, Suite 600, Irvine, CA 92614. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.

19. Applicable law / place of jurisdiction

These Terms of Use and your access to and use of the App, including any dispute or claim arising out of or in connection with these Terms of Use or the App (including non-contractual disputes or claims) are governed by and shall be construed in accordance with California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply in any case. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Orange County, California.

20. Terms Applicable to Users of Apple Devices

The following terms apply if you are using App on an Apple, Inc. (“Apple”) device:

(a) Acknowledgement: These Terms of Use are entered into between you and Home Connect only, and not with Apple, and we are solely responsible for the App and the content thereof.

(b) Scope of License: The license granted to you is limited to a non-transferable license to use the App on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that Home Connect App may be accessed, acquired, and used by other accounts via Family Sharing.

(c) Maintenance and Support: we are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(d) Warranty: We are solely responsible for any applicable product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms of Use. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the t App, and, subject to the limitations of liability in these Terms of Use, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be the sole responsibility of Home Connect.

(e) Product Claims: Home Connect, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f) Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of the App infringes any third party’s intellectual property rights, Home Connect, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

(g) Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

Date of issue: June 2018

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