Legal notice for the Home Connect app
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).
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”).
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.
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.
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.
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.
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.
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.
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").
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The following terms apply if you are using App on an Apple, Inc. (“Apple”) device:
(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.
(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.
Date of issue: June 2018