Between the
End User
(“User”)
and
Stulz GmbH
Business division S-Klima
Holsteiner Chaussee 283
22457 Hamburg, Germany
(“Stulz”)
(1) The subject of these Terms and Conditions of Use (“Conditions”) shall be the gratuitous use of the internet platform e-CompTrol for regulating certain climate control units manufactured or sold by Stulz.
(2) Only web-capable climate control units can be regulated using e-CompTrol. These include climate control units equipped with the “CompTrol Interface 4 Web” circuit board. In the case of uncertainty concerning whether certain climate control units can be regulated using e-CompTrol, the instructions for the units or the S-Klima hotline can be consulted.
(1) Prerequisites for using e-CompTrol are setting up a user account and accepting these Conditions (registration). The treatment of personal data collected in this context shall comply with the data protection provisions for e-CompTrol, which can be viewed at any time on the e-CompTrol website at https://www.e-comptrol.com.
(2) After registration, Stulz activates the User for e-CompTrol; a right to claim activation shall not exist.
(3) The User will be able to modify or to delete his or her user account at any time. Following any deletion of the user account, e-CompTrol shall no longer be able to be used.
(1) The User can gain access to his or her user account at e-CompTrol by accessing the internet address https://www.e-comptrol.com with any device equipped with a current web browser (Internet Explorer, Mozilla Firefox, Safari, etc.). The User can control his or her web-capable climate control unit via his or her user account.
(2) Only climate control units which are linked to the internet through the “CompTrol Interface 4 Web” can be regulated using e-CompTrol. Users shall be responsible for furnishing internet access themselves. The technological security measures of the User’s local networks including, but not limited to, the use of a firewall must not be so configured as to disable or disrupt communication between e-CompTrol and the climate control units. More specific information concerning such can be found at the e-CompTrol help site located at https://www.e-comptrol.com.
(3) The functions of e-CompTrol are presented here: https://www.e-comptrol.com.
(4) The rights to view the data and to regulate the units shall be able to be transferred to and to be subsequently withdrawn from other Users having a user account at e-CompTrol. The Users themselves shall be responsible for granting the unit-regulation rights only to trustworthy third parties and for subsequently withdrawing these rights in the event that any misuse is suspected. Stulz shall assume no liability for any faulty or improper use by such third-party Users.
(1) Restricted to the use of web-capable climate control units made by Stulz and installed in the Member States of the European Union the User shall receive the non-exclusive right to obtain access to e-CompTrol by means of telecommunications and to use, by means of a browser, the functionalities available to e-CompTrol in accordance with these Conditions. No further rights shall be granted to the User.
(2) Beyond the use allowed within the parameters of these Conditions, the User shall not have the right to use e-CompTrol, to allow e-CompTrol to be used by third parties or to make e-CompTrol accessible to third parties. In particular, it shall not be permitted for the User to reproduce, to sell, or to transfer e-CompTrol or parts thereof to third parties (even for a limited period). Said prohibition shall include, but not be limited to, renting out or lending e-CompTrol or parts thereof.
(3) Stulz shall have the right to exclude Users from the use of e-CompTrol if the User uses e-CompTrol in a manner contrary to the Conditions including, but not limited to, if the User uses, modifies, or manipulates the e-CompTrol software or the data located at e-CompTrol in a manner which is contrary to the Conditions or otherwise unlawful.
(1) Due to the complexity of the internet, Stulz cannot guarantee that the e-CompTrol platform will be available at all times and the services described here will be usable in conjunction with it at all times. Such is the case because these require climate control in operation to be connected with the Stulz data processing facility. Unless otherwise expressly agreed between the parties, Stulz does not warrant the availability of individual functionalities of e-CompTrol. If the User is unable to retrieve the website at https://www.e-comptrol.com, then Stulz ask that any service disruption be reported to hotline@stulz.de.
(2) Stulz expressly reserves the right to make decisions, at its own discretion, concerning the offer and the maintenance of the offer of individual functionalities to the extent that such is not expressly advertised as a property of the climate control unit.
(3) In the case of substantiated suspicion of manipulation or unlawful access to e-CompTrol or to individual e-CompTrol user accounts, Stulz shall have the right to freeze the use of e-CompTrol for individual or for all Users for a limited period of time.
(4) Stulz shall not be obligated to provide product support. If Stulz does so nevertheless, this is on a voluntary basis.
(1) Stulz shall have unlimited liability for damages from culpable injury to life, body, or health. The same shall apply to any liability contemplated under the Produkthaftungsgesetz (the German Product Liability Act).
(2) Stulz shall be liable for other damages only if the damages arise from intent or gross negligence of its legal representatives, employees, or vicarious agents. In the event of gross negligence, liability for compensatory damages shall be limited to foreseeable damages which typically occur with agreements of this sort. Moreover, in case of slight negligence, Stulz shall be liable only to the extent that material contractual duties (“cardinal duties”) have been breached. “Cardinal duties” are duties the fulfilment of which per se enables the due performance of the contract and upon the fulfilment of which the User may ordinarily rely. Even in the event of a breach of cardinal duties, liability shall be limited to foreseeable damage which typically occurs with agreements of this sort.
(3) Within the parameters of the liability provisions above, Stulz shall be liable for the loss of data only up to the amount that would have incurred to restore the data if it had been properly and regularly backed up by the User.
(1) These Conditions shall be subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods and German international private law. If the User is an entrepreneur, that is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession, the competent courts in Hamburg shall have exclusive jurisdiction.
(2) Should one or several of the clauses referred to above be ineffective or become ineffective, then the remaining clauses shall not be affected thereby.
(3) Amendments to these Conditions must be in written form. The same applies to any amendment to this written form clause.