END USER LICENSE AGREEMENT

 

Terms and Conditions of Use 

SYMAX/MY FIRE App

 

Scope of the license 

Maxitrol GmbH & Co. KG (“Maxitrol”) hereby grants the lawful acquirer (hereinafter referred to as: “You”) of Symax-MyFire App (hereinafter referred to as: "App") a right of use for this App. This license is personal. The App may only be used on the device on which the App has been downloaded and installed. 

 

The purpose of the App is the delivery of the Symax Technology with which is for use to operate your gas appliance. Users are naturally free to use the App as they wish within the constraints of these terms and conditions and the law. 

 

It is prohibited 

• to use the App for commercial activities and/or 

• to reverse engineer the source code of the App or to decompile the App, unless permitted under any mandatory legal provision or applicable open source license; 

• to make a copy of the App available to any third party; 

• to sublicense the App or make it available to any third party by means of leasing, Software-as-a-Service constructions or otherwise; 

• to modify the App, unless permitted under any mandatory legal provision; 

• to remove, delete or render illegible any designations of Maxitrol as the party holding rights to the App or parts thereof. 

You may make a back-up copy of the App. However, You may not independently use, trade or (re)distribute this back-up copy other than in combination with the original App.

 

In addition to the provisions set out below, Apple’s App Store, Google Play and/or Windows Phonestore (supplementary) may attach conditions to the acquisition of the App, its use, the making of in-app purchases and related matters. For further information, see the terms of use and privacy policy of Apple’s App Store, Google Play and Windows Phonestore, as well as any other applicable terms and conditions appearing on the website of the respective provider.

 

This end user license is applicable to and forms part of the end user agreement between You and Maxitrol and does not apply between You and the provider of the platform through which You acquired the App. These providers may hold You liable for violation of provisions in this end user licence, however.

 

Intellectual property rights 

All rights to the App, the accompanying documentation and all modifications and extensions thereto as well as enforcement thereof are and remain vested in Maxitrol and/or her licensors. You are granted solely the user rights and authorities and/or permissions ensuing from the effect of this end user agreement or which are assigned in writing, and You may not otherwise use, reproduce or publicly release the App.

 

The App contains open-source software and/or information from third parties. Their respective right holders grant You a right of use under the relevant open source licences. You will find them in the annexes to this agreement. This end user agreement does not apply to this open source software and/or information, and nothing in this end user agreement may be construed as a restriction of any right granted to You under an open source license.

 

Consideration 

If You have obtained the App without paying periodic licensing costs. On payment of a fee, it is possible to expand the functionality of the App (see ‘In-app purchases’). All costs associated with the use of the App, included but not limited to the costs for the mobile data connection, shall be borne by You. If a peripheral device is necessary for the use of the App, the costs of purchasing and/or replacing the peripheral device and any installation shall be borne by You at all times.

 

In-app purchases 

It is possible for you to make purchases in the App. Maxitrol relies on the payment system of Apple's App Store, Google Play, Windows Phonestore, including the underlying payment systems of credit card providers, etc., to enable in-app purchases. Maxitrol is not obliged to effect in-app purchases until this payment system has confirmed payment.

 

In-app purchases may be intended to expand the functionality of the App. These upgrades shall be valid for 12 months or as stated at the time of purchase. After 12 months, the upgrade shall be automatically terminated. The upgrades may be used on one or more devices personally owned by you. As is the case for the license, the upgrades are also personal. In order to use the upgrade on another device, you should link the upgrade to your user account.

 

It is prohibited to make the upgrades available to third parties without the prior permission of Maxitrol. 

 

Personal data and information 

The App processes data, personal and system, that is potentially personal to You such as your location. This personal and system data shall be processed in accordance with the privacy policy that can be found on the App information page.

 

The App may resend data from the App and any connected peripheral devices to the Maxitrol servers or to the suppliers of the peripheral devices. Peripheral devices may additionally transfer this data independently, without the intervention of the App. This data shall be used solely for improving its products and/or services. 

 

Updates 

Maxitrol shall additionally release updates from time to time, which can rectify errors or improve the functioning of the App. You may ask Maxitrol to carry out an update; however, Maxitrol shall not be obliged to carry out periodic updates and/or your specific requirements. 

 

Available updates for the App shall be announced by means of notification through Apple’s App Store, Google Play and/or Windows Phonestore, and it is your sole responsibility to monitor these notifications and keep informed about new updates. The updates shall also be carried out via this platform; this requires an active internet connection. 

 

You must give separate approval for installation of any updates. The App relies on the availability of Apple’s App Store, Google Play and Windows Phonestore, over which Maxitrol has no control. Maxitrol shall neither be responsible nor liable for the correct installation of updates. Maxitrol shall not be liable for any loss and/or damage due to errors that have been rectified in an update not installed by you. 

 

An update may stipulate conditions that differ from the provisions in this agreement. You shall always be notified of this prior to using the update. By installing such an update, You agree to these deviating conditions, which shall then form part of this agreement. If you do not wish to consent to the amended conditions, then You are entitled to cancel the end user agreement immediately by removing the App. 

 

Maxitrol is unable to provide any guarantees on compatibility with older versions of the operating system on your device. An older version is defined as: all versions of the operating system, excluding the latest available version. Additionally, Maxitrol is not obliged to make any effort to investigate or rectify compatibility with older versions of operating systems. 

 

Support 

You are personally responsible for installing and using the App. You are aware that a working internet connection is required in order to use the App. If you have purchased an upgrade, it is possible to use the App without a working internet connection. Parts of the App may not be available, however.

 

Maxitrol shall deliver a reasonable level of support through its website and/or e-mail (or other channels made known to You). Maxitrol is unable to provide any guarantees that all the problems or requests submitted by you shall be addressed.

 

Warranties, liability and force majeure 

Maxitrol shall endeavour to investigate any errors or defects reported in the App and repair them or release a workaround for them as quickly as possible (Maxitrol may postpone the repair of defects or errors with a limited impact until the next scheduled update); but makes no guarantees or promises beyond this. 

 

To the extent permitted by law, Maxitrol provides no guarantee that the App will function without error or defect. Maxitrol relies in this respect on services provided by third parties, over which it has no influence or control. Maxitrol does not perform any checks on data supplied by third parties. 

 

The functioning of the App is dependant on the peripheral devices used by You. Maxitrol is unable to provide any guarantees regarding the correct functioning of the App in combination with any existing or future peripheral devices. 

 

Unless in the event of wilful misconduct or gross negligence or non-compliance with a guarantee provided above, Maxitrol is not liable toward You, on whatever ground, for any loss and/or damage in connection with the App. This limitation does not apply to any liability for damage from injury to life, body or health due to negligent breach of duty by Maxitrol or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Maxitrol. 

 

In addition, Maxitrol is only liable in the event of simple negligence if a material contractual duty has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if You may routinely trust that those duties will be fulfilled. Your claim for damages in the event of a breach of material duties on the basis of simple negligence is, however, limited to damages that are foreseeable and typical for this type of contract. 

 

Maxitrol furthermore accepts no liability in the event the loss and/or damage is due to force majeure. Events of force majeure shall include, but not be limited to: network attacks such as synfloods or (distributed) denial-of-service attacks and/or interruptions to the network infrastructure over which Maxitrol has no influence (such as your internet connection).

 

In order to deliver the service, the App communicates via the internet with a server under the management of Maxitrol. Maxitrol may carry out server updates from time to time, thus leading to temporary unavailability. Maxitrol shall do its utmost to inform You of this. All provisions regarding updates, support and liability are pursuant to the server. 

 

Maxitrol accepts no liability in the event this is directly or indirectly attributable to the incorrect functioning of Apple’s App Store, Google Play and/or Windows Phonestore. 

 

If Maxitrol fails to comply with the aforementioned obligations, you may report this to the provider of the platform where you acquired the App. While these providers are not liable for any failure by Maxitrol to comply with the guarantees or the functioning otherwise of the App, they can have the purchase amount of the App reversed. 

 

Term of the agreement 

This agreement comes into effect on commencement of the use of the App and will remain in force for an undetermined period from that moment. 

 

The agreement may be terminated by You as well as by Maxitrol at any moment, subject to one month’s notice to Maxitrol GmbH & Co. KG - PO Box 1253, 06496 Thale, Germany. This agreement will end by operation of law in the event you are declared bankrupt, you apply for a moratorium on payments or a general attachment is levied against your assets, in the event of your death, or in the event you go into liquidation, are wound up or dissolved. 

 

Following the termination of this agreement (for whatever reason), you shall cease and desist from all further use of the App. You must then delete all copies (including back-up copies) of the App from all your systems. 

 

Miscellaneous provisions 

This end user agreement shall be governed by and construed in accordance with German law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. 

 

By using the App, you indicate that you do not live in a country that is subject to a US embargo or in a country that has been designated by the US as a country that supports terrorist activities, and you indicate that your name does not appear on any list of parties proscribed by the US. 

 

To the extent not otherwise prescribed by rules of mandatory law, any dispute that may arise in connection with this end user agreement will be submitted to the competent German court for the district in which Maxitrol has its registered office. 

 

If any provision in this end user agreement proves invalid, this will not affect the validity of the agreement as a whole. In that case, the invalid or unenforceable provision shall be deemed to be substituted by a suitable and equitable provision which, to the extent legally permissible, comes as close as possible to the economic intent and purpose of the invalid or unenforceable provision. 

 

Maxitrol reserves the right to amend the terms and conditions of this end user agreement at any time. Notification of these amendments will be made via the App, 30 days prior to their entry into force. If you do not wish to consent to the amended conditions, then you are entitled to cancel this end user agreement immediately prior to the date of the entry into force. Any use of the App after the entry into force is valid as an agreement to the amended conditions. This provision does not grant Maxitrol a right to modify its performance obligation under this end user license agreement unless such modification can reasonably be expected by You when the interests of Maxitrol are taken into account 

Maxitrol may transfer its rights and obligations under this end user agreement to a third party acquiring the respective business operations or the copyright to the App. 

 

This license agreement was amended on 11 January 2022. 

 

© Maxitrol GmbH & Co. KG All rights reserved