These Terms of Use apply to the use of the ABUS Secoris App (hereinafter referred to as the "App"). The contractual partner for the use of the App is ABUS Security Center GmbH & Co KG (hereinafter referred to as "ABUS Security Center"). The User's General Terms and Conditions and/or General Terms and Conditions of Purchase shall not apply, even if ABUS Security Center has not expressly objected to their application. The contractual language is German. By downloading the App from the Google Play Store or the Apple App Store, a contract of use (hereinafter also referred to as "Licence Agreement") for the use of this App is concluded between the User and ABUS Security Center. ABUS Security Center points out that neither Google Inc. or a company associated with it, nor Apple Inc. or a company associated with it, nor any other operator of the respective app store, will become a contractual partner of the licence agreement. The user must agree to these terms of use when starting the app for the first time. If the user does not agree to the terms of use, the user must cancel the process and thus refrain from using the app. However, if the User does not use the App, the intended use of the ABUS Secoris App services may not be possible or not possible in full. Should the User use the services of the ABUS Secoris App on behalf of a company or organisation, the User confirms to ABUS Security Center that he/she is authorised to act on behalf of this legal entity and declares his/her legally binding agreement to the validity of these Terms of Use on its behalf. The preamble is an integral regulatory component of the ABUS Secoris App Terms of Use.
1.1 Using the Secoris app, users can connect to one or more Secoris alarm systems and remotely arm or disarm the control panel or individual sections of it according to their authorisation level. Furthermore, notification settings can be set and the logbook of the control panel can be evaluated. ABUS Security Center provides the app free of charge.
1.2 Due to the technical dependence on other service providers, e.g. mobile network operators, for which ABUS Security Center is not responsible, ABUS Security Center cannot ensure that all technical information is always available in a timely manner when an event requiring notification occurs, e.g. notifications. ABUS Security Center is only responsible for the proper functioning of its systems up to the Internet nodes of its data centre.
1.3 ABUS Security Center will endeavour to ensure extensive availability of the App and its functions. However, availability at all times is not owed. ABUS Security Center is entitled to carry out maintenance work at any time. During the maintenance work, the services will not be available or will only be available to a limited extent. The availability of the app may be interrupted in particular for necessary maintenance and servicing measures.
1.4 ABUS Security Center reserves the right to constantly develop the app further. New functions and services beyond the basic version of the app may therefore be offered at regular intervals. This means the following in particular: ABUS Security Center does not owe the adaptation to changes in industry-specific legal regulations or standards and/or adaptation due to changes in third-party systems. Similarly, ABUS Security Center does not owe the adaptation of the App due to regulations or standards whose implementation is not directly prescribed by law in the subject matter of the service. This may result in significant changes to the services for the User without the User being able to derive any claims against ABUS Security Center from this. ABUS Security Center reserves the right to further develop the App at its own discretion, e.g. to adapt it to changed technical conditions as a result of the further development of the current state of the art or to provide further functional developments. The user is obliged to provide the changed system requirements unless the requested changes are generally unreasonable for the user. Functions and services within the app may be or become subject to a charge. In these cases, ABUS Security Center will communicate the prices and service features in advance.
2.1 These Terms of Use shall enter into force upon the User's acceptance of these Terms of Use and shall continue for an indefinite period of time.
However, ABUS Security Center and the User are free to terminate these Terms of Use at any time for cause.
2.2 Downloading and using the Secoris app is free of charge.
1.3 ABUS Security Center will endeavour to ensure extensive availability of the App and its functions. However, availability at all times is not owed. ABUS Security Center is entitled to carry out maintenance work at any time. During the maintenance work, the services will not be available or will only be available to a limited extent. The availability of the app may be interrupted in particular for necessary maintenance and servicing measures.
3.1 With the User's consent to these Terms of Use, ABUS Security Center grants the User the non-exclusive, non-transferable right, revocable at any time and limited to the duration of the usage relationship, to use the App on a device owned or possessed by the User on which the App is executable according to the system requirements, which the User can view in the App Store before concluding these Terms of Use.
3.2 The user is not permitted to copy, distribute or otherwise make the app available to third parties (including renting, leasing, lending or sublicensing) or to use it in any other manner reserved to the respective copyright holder(s).
3.3 The user is not entitled to modify, reverse engineer, decompile, disassemble or otherwise determine the source code of the app or parts thereof or to create derivative works thereof. Excluded from this restriction are OSS components whose licence requires that the end customer may reverse engineer them for his own use or for debugging purposes. However, the mandatory, non-mandatory provisions of Sections 69d, 69e UrhG remain unaffected.
3.4 The above terms and conditions also apply to all updates and upgrades as well as program supplements for the App provided by ABUS Security Center, unless these are the subject of a separate agreement. In this case, only the provisions of the licence terms applicable to the respective update or upgrade or program supplement shall apply.
3.5 All other rights are reserved by ABUS Security Center.
4.1 The user is responsible for the technical requirements necessary to use the app and must bear all costs arising from this. This applies in particular to sufficient credit, sufficient battery charge and the granting of necessary system authorisations.
4.2 When using the app, the user must exercise the due diligence required for use and check the results generated with the software to a reasonable extent before using it.
4.3 The user is obliged to keep all access data for the use of the app, such as user name and password, secret and to protect them from access by third parties.
4.4 The user is responsible for protecting his smartphone against misuse by third parties by taking appropriate measures, in particular by setting up adequate password protection. In order to be able to support the user in protecting his app account, it is important that the user informs ABUS Security Center immediately of any unauthorised use by third parties. The user will also immediately change the login data assigned to him as well as the login data generated by him or have it reset by ABUS Security Center after proving his legitimacy if he suspects that unauthorised third parties could have knowledge of these login data.
4.5 The user agrees that updates which are reasonable for him and which do not objectively place the user in a worse position than that agreed at the time of conclusion of the contract and which do not significantly deviate from it, e.g. in the case of security updates or new, improved functionalities and updates to eliminate errors, are automatically installed in accordance with the settings of his operating system.
4.6 Any updates are displayed to the user. If necessary, the user adjusts these accordingly and obtains information from their smartphone and app store provider. ABUS Security Center has no influence on this. If the updates require additional authorisations, the user will be informed of this in the course of the installation. If the user does not agree to these additional authorisations, the operation of the app may be impaired or may have to be discontinued completely. This provision shall apply accordingly if changes to the app or the device software become necessary due to changes in the specifications of third parties from whom ABUS Security Center obtains preliminary services or due to significant technical innovations on the market.
4.7 After each update, the user shall ensure that the app and the mobile end devices function properly.
4.8 The user undertakes vis-à-vis ABUS Security Center to use the offer only for purposes that do not violate these terms of use or applicable German law, or infringe the rights of third parties. If the user allows another person to use the app on his mobile end device, it is part of the user's duty of care to point out the terms of use and to monitor compliance with them appropriately. ABUS Security Center is entitled to block access to the app if the user breaches his obligations under these terms of use. Through the use of the app by third parties, settings relating to data protection and privacy may also be affected and lead to deviating behaviour. Compliance with and enforcement of the desired settings with third parties are the responsibility of the user.
5.1. ABUS Security Center does not assume any warranty for material defects or defects of title within the scope of the free provision of the App, except in cases in which ABUS Security Center has fraudulently concealed the respective material defect or defect of title.
5.2. ABUS Security Center shall be liable to the User without limitation only for damages caused by intentional or grossly negligent breach of contractual obligations by ABUS Security Center and for injury to life, body and health. In the event of a simple negligent breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the User may regularly rely to a particular extent (essential contractual obligations/cardinal obligations), the liability of ABUS Security Center shall be limited to foreseeable and typically occurring damages. Any liability of ABUS Security Center under the Product Liability Act or in the event of the assumption of guarantees shall remain unaffected.
5.3. The foregoing limitations of liability shall also apply in the event of fault on the part of a vicarious agent of ABUS Security Center and to the personal liability of ABUS Security Center's employees, representatives and officers.
6.1 ABUS Security Center reserves the right to have services provided in whole or in part by third parties (subcontractors).
6.2 Any third-party services integrated into the app can extend the app's capabilities. As a rule, the use of these integrated or external services requires a link to an existing third-party user account. Any special terms of use of the respective third-party provider that apply to the use of such services integrated into the app or external services can be found in the app of the third-party provider. As a rule, these must be downloaded separately and the conditions accepted before using these services. For third-party services integrated into the app and the terms of use, the respective third-party provider is exclusively responsible.
6.3 The possible integration of third-party services within the app represents an additional functionality, the availability of which ABUS Security Center is not responsible for and the provision of which ABUS Security Center can generally restrict or discontinue or suspend access to at any time without prior notice. As a rule, ABUS Security Center cannot check the accuracy and completeness of the data transmitted by the third-party provider and accepts no liability in this respect.
7.1 In the event of problems using the app, the user can contact support as follows:
ABUS Security Center GmbH & Co KG E-mail: support@abus-sc.com
7.2 ABUS Security Center only provides support for the current software version of the app.
ABUS Security Center complies with the applicable data protection regulations when collecting, using and processing personal data.
The user can obtain further information on data processing when using the Secoris App in the data protection declaration on the use and provision of the Secoris App.
ABUS Security Center reserves the right to change, limit or discontinue services provided free of charge or against payment, or to offer services provided free of charge only against payment, as well as to make new services available free of charge or against payment. ABUS Security Center will take into account the legitimate interests of the User.
10.1 ABUS Security Center is entitled, within reason and taking into account the interests of the User, to adapt these Terms of Use to changed legal or technical conditions at any time, while retaining the basic functionalities of the App
10.2 ABUS Security Center will notify the User of any changes and amendments at least six weeks before they take effect. In the respective notification, the user will be informed of any existing right of objection or termination and of the consequences of objection and silence.
10.3 If the User does not object within 30 calendar days of receipt of the notification - in the event of a right of objection - or does not use the service after the expiry of the objection period, this shall be deemed to be consent to the changes and additions. If the User does not object within 30 calendar days of receipt of the notification or if the User continues to use the Service after the expiry of the objection period, the User shall be deemed to have accepted the changes and amendments; ABUS Security Center shall make separate reference to this in the notification.
10.4 In the event of an objection, ABUS Security Center reserves the right to terminate these Terms of Use and to discontinue the possibility of using the App. The statutory warranty rights remain unaffected.
11.1 If the App is downloaded via the Apple App Store, the terms and conditions set out in this section shall apply in addition.
11.2 These Terms of Use are entered into between ABUS Security Center and the User and not with Apple Inc. ("Apple"). ABUS Security Center, and not Apple, is responsible for the App and its content.
11.3 Clause 11.1 of these Terms of Use is subject to the restriction that the User may only use the App on Apple branded products in the manner permitted by the usage rules set out in the App Store Terms of Use, except that the App may be accessed and used by other accounts linked to the User via Family Sharing or Volume Purchase.
11.4 The User acknowledges that Apple is under no obligation to provide the User with maintenance and support services of any kind with respect to the App.
11.5 In the event that the App does not conform to any applicable warranty, the User may notify Apple and Apple will refund to the User the purchase price of the App; to the extent permitted by law, Apple shall have no further warranty obligations with respect to the App and any other claims, losses, liabilities, damages, costs or expenses based on any failure to comply with any warranty obligation shall be the sole responsibility of ABUS Security Center.
11.6 The User acknowledges that claims relating to the App or its possession and/or use including but not limited to:
11.6.1 Product liability claims;
11.6.2 any claims that the App does not comply with applicable legal or regulatory requirements; and
11.6.3 Claims arising from consumer protection, privacy or similar laws through the app should be addressed exclusively to ABUS Security Center and not to Apple.
11.7 User hereby acknowledges that in the event of an asserted claim by a third party that the App or User's possession or use of the App infringes a third party's intellectual property right, ABUS Security Center, and not Apple, shall be solely responsible for investigating, defending, settling and fulfilling any claim arising out of such intellectual property infringement claim.
11.8 The user declares and warrants that
11.8.1 it is not located in a country that is subject to an embargo by the US government or is not controlled by the US government. Government has been designated as a "terrorist supporting" country; and
11.8.2 it is not on a list of banned or restricted parties of the US government.
11.9 If the User uses third party services, the User must comply with the applicable terms of the third party agreement when using the App.
11.10 The User hereby acknowledges and agrees that Apple and any of Apple's subsidiaries are third party beneficiaries of these Terms of Use and that upon acceptance of these Terms of Use by the User, Apple shall have the right (and shall be deemed to have accepted the right) to enforce the Terms of Use against the User as a third party beneficiary.
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Go
12.2 The place of jurisdiction for all disputes is the registered office of ABUS Security Center.
Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
Status: 29.09.2021