LEDVANCE is constantly trying to improve the App, so it may change over time. LEDVANCE may develop patches, bug fixes, updates, and upgrades to offer new features or improve the performance of the App. LEDVANCE may suspend or discontinue any part, feature and/or application of the App, introduce new features or impose limits on certain features or restrict access to parts of or all of the App. In some cases, the changes LEDVANCE makes to the App may cause older hardware devices, third party services, software configurations or setups to no longer work with the App, and you may be required to update or change these devices, services, configurations or setups in order to continue using the App. LEDVANCE will try to give you notice of a material change to the App that would adversely affect you, but this is not always practical or possible.
5.1 Please be aware that the terms and conditions you agree to with your mobile services carrier or provider may be subject to fees, limitations and/or restrictions which might impact your use of the App. For example, your mobile service carrier or provider may impose data usage charges for your use of the App, including, without limitation, downloading the App, or other use of your mobile device when using the App. You agree to be solely responsible for all such fees, limitations and restrictions.
5.2 You are solely responsible for any damages resulting from excessive or abnormal use of the App
You may choose to use or connect the App with devices, hardware, software, applications or services of others (“Third Party Products and Services”). Your use of Third Party Products and Services will be governed by the terms and conditions of the provider of that product or service. LEDVANCE does not control or make any warranties with regard to Third Party Products and Services. LEDVANCE and its affiliates, suppliers and licensors are not responsible for your use of any Third Party Product or Service. If you have questions about Third Party Products and Services you should contact the provider.
7.2 All trademarks, logos, and service marks (“Marks”) displayed on the App are the property of LEDVANCE, its affiliates, or licensors and are used with permission by LEDVANCE. You are not permitted to use any of the Marks without the prior written consent of LEDVANCE or its affiliates and, if applicable, its licensor.
Open source licenses which are subject to license agreements are used in the App. Please find the open source licenses and the applicable license agreements in the LEDVANCE SMART+ APP OPEN SOURCE SOFTWARE INFORMATION AND LICENSE TERMS by clicking here .
10.1 LEDVANCE cares about the security of your personal data. LEDVANCE cannot guarantee that its security will never be compromised or that unauthorized parties will never access your personal data. You provide your personal data at your own risk. You are solely responsible for securing your home network and connected devices and should monitor any unauthorized or suspicious use of the App.
10.2 Although LEDVANCE always strives to keep the App free of viruses, LEDVANCE does not warrant or guarantee the absence of viruses. Before downloading or using the App, you should take appropriate security precautions and scan for viruses, for your own protection and to prevent viruses on the App.
The app is provided "as is” and "as available." Any and all liability for material defects and defects of title including, without limitation, for the accuracy, absence of errors, absence of third-party protection rights and copyrights, completeness, usability, uninterrupted availability, reliability, security and/or compatibility with any third party product or service are excluded, except in cases of deliberate intent or fraud. The foregoing provision does not constitute a reversal of the burden of proof.
LEDVANCE shall be fully liable in case of deliberate intent or gross negligence of LEDVANCE or its legal representatives or agents (§ 278 of the German Civil Code (BGB)), culpable damage to life, body or health, in case of a quality guarantee, fraudulent concealment of a default as well as the mandatory unlimited liability based on the German Product Liability Act (ProdHaftG). Moreover, LEDVANCE shall be liable in case of a violation of a material contractual obligation due to ordinary negligence, however limited to the foreseeable typical damage. Material contractual obligations in this sense are such obligations which need to be fulfilled in order to allow for the proper implementation of the contract and compliance with which you as the contractual partner generally rely on and may generally rely on. Further and/or other claims or rights against LEDVANCE, regardless of the cause in law, shall be excluded. This exclusion also includes the personal liability of employees, legal representatives and vicarious agents. The aforementioned liability limitations apply respectively in case of claims for reimbursement of expenses instead of damages.
13.1 The exclusive place of jurisdiction shall be Munich in case you are regarded as a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
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