Terms and Conditions of Use

1. General provisions

The following Terms and Conditions of Use are a constituent part of all services provided in association with the use of kermi.com and all subdomains owned by Kermi GmbH.
Ancillary agreement, amendments and supplements must be made in writing to be effective. This also applies to waiving the requirement for written form. If there should be an ineffective clause in these conditions, all the others remain valid. The ineffective clause must be replaced by an effective clause which come closest to meeting the economic purpose of the clause in question.

2. Use

Any type of use of kermi.de, kermi.com and all sub-domains owned by Kermi GmbH is at your own risk. The operator will not accept any liability for:

• Mistakenly linked web pages.
• Damage incurred as a result of using information on the Kermi web pages.
• Non-functional links and consequences due to technical malfunctions.
• The function of software incl. energy savings calculators and their consequences which are accessed or used via kermi.de, kermi.com, incl. all associated domains.
• The calculation results of software tools incl. energy savings calculators and transfer of the results in practice.
• Business with third parties which was mediated through this Internet platform.
• Instances of contact and their consequences arising as a result of this Internet platform.
• Criminal actions, violations, or manipulations by third parties which are associated in any way with the Kermi web pages or which practice fraud either via or with the Internet platform.

3. Liability

Information and data on these pages do not constitute any assurance or guarantee, whether explicit or implicit. In particular, it does not constitute any implicit assurance or guarantee with regards to the condition, the merchantability, adequacy for a particular purpose or non-infringement of laws and patents. All data and figures on the web pages are only approximate. Only actual agreements are authoritative for contracts to be concluded (e.g. purchase and order).

On our Internet pages you will also find links to other pages on the Internet. We would like to draw your attention to the fact that we have no influence on the design and the content of the pages the links may take you to. We can therefore also not guarantee that the information made available there is up-to-date, correct, complete or guarantee its quality. With this in mind, we hereby disassociate ourselves from all content on these pages. This declaration is applicable to all links to external pages and their content on our Internet pages.

4. Access authorisation

The user logs on to the Kermi partner area with their complete and correct information. The responsibility for protection (secrecy) of the passwords made available to the customer to access the Internet service provided is solely held by the customer. The user is not authorised to pass the access data (name and password) on to third parties outside of the registered company without written permission from Kermi. In the event of misuse, Kermi reserves the right to take legal action. The user undertakes to immediately change the password or notify Kermi if they suspect that unauthorised third parties know the password.

5. Obligations of the user

 The user is obliged to only use the online access appropriately. They will in particular not misuse access made available and will comply with the accepted data security principles for ensuring data protection. They will immediately notify Kermi about any misuse as soon as they are aware of it.
The user indemnifies Kermi from all disadvantages incurred as a result of the user’s own contractual infringement or as a result of a claim by a third party. They will bear the end device costs and telecommunications expenses.

6. Hyperlinks

With its ruling dated 12 May 1998 – 312 O 85/98 – “Liability for Links”, the Regional Court of Hamburg decided that if you provide a link, you take on co-responsibility for the content of the linked page. This can only be avoided if the party in question expressly dissociates themselves from said contents.

The Kermi web pages contain links to other pages on the Internet. Kermi GmbH has no influence over the design and content of any pages linked on this page and the following pages. For this reason, we expressly dissociate ourselves from all contents of all linked pages throughout our platform, including all sub pages. This declaration applies to all links on our homepage and all contents of pages accessed via said links or banners. Hyperlinks to third party sites, which have been published against the wishes of the site owner, will be removed upon request.

7. Place of jurisdiction

The place of jurisdiction is our company headquarters, providing the customer is also a businessman within the meaning of the German Commercial Code, a legal entity under public law or separate funds under public law. The same applies if the customer does not have any other place of jurisdiction in Germany or has moved their domicile abroad after concluding the contract. We are entitled to also file a lawsuit against the customer in other authorised places of jurisdiction.”

“All claims and rights are subject to the non-standardised law of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict law of the EGBGB (Introductory Law to the German Civil Code) is expressly excluded. The contract language is German.”

Plattling, July 2007

Preamble

The following General Terms and Conditions of Use and Licensing shall apply between Kermi GmbH and their specialist partners with whom Kermi concludes a contract of use and to whom Kermi makes available rights of use for works protected by copyright via Kermi websites or industry portals

(e.g. www.building-masterdata.com). These concern written works (catalogues, presentations, etc.), photographic works and cinematic works that depict and describe any products from the sanitary, heating, ventilation, and air-conditioning technology division.

I. Field of application

Specialist partners are specialist retailers, specialist tradespeople, planners, architects, educational and training centres, affiliated companies, and other persons involved in marketing Kermi GmbH products. These Terms and Conditions of Use shall also apply to depictions and content (product descriptions, data sheets, operating instructions, directories, sketches, technical drawings, electronic documents, etc.) or electronic platforms (online applications, software tools, social media) that are not covered by industrial property rights. These provisions shall apply accordingly as appropriate.

II. Registration

Before using the files on the Kermi website or an industry portal, the specialist partner accept the Terms and Conditions of Use and Licensing. Kermi GmbH reserves the right to pursue infringements of this nature in the civil and criminal courts.

III. Agreement to the T&Cs

Furthermore, the specialist partner shall only be entitled to use the aforementioned works if they acknowledge that these T&Cs are binding. Their agreement is given either by signing this document or by acknowledging these conditions on the Kermi website or the industry portal. Any use is only permitted on the basis of this agreement as it would otherwise represent a copyright infringement.

IV. Intended use

Works shall exclusively be provided for the purpose of promoting Kermi products. This shall include customer and product acquisition. For this purpose, works may be imported and copied in digital form into the specialist partner’s IT systems and may be used as a digital version or a print version.

V. Subject matter of the granting of rights

Product data, written works, photographic works, cinematic works, and photographs available on Kermi websites or industry portals, including the corresponding metadata in the event of digitisation, are the subject matter of this agreement, even if they are not covered by industrial property rights. These provisions shall apply accordingly as appropriate.

VI. Scope and rights of use

1. Kermi GmbH shall grant the specialist partner the non-exclusive right of use to the works provided and this right can be revoked.
2. The works may not be edited or modified in terms of content. The creation of photo and video montages is prohibited. This shall especially apply in the case of videos and photographs by Foto Composer.
3. A copyright mark must be applied to the works in accordance with X. of this Agreement.
4. Kermi GmbH shall accept no liability if the works are incorrect or out of date. The specialist partner must check that the works are up to date at least once a year.
5. The works may be used in the specialist partner’s data portals or online shops or on its social media profiles until withdrawn by Kermi GmbH. The specialist partner shall determine the scope of the works used (scope of product range, number of attributes used)
at its own discretion.
6. In individual cases, Kermi GmbH shall be entitled to restrict or extend the scope of the rights granted. The specialist partner shall be informed of this on the website or before the download.
7. The specialist partner can grant other specialist partners (third parties) the right of use to the extent regulated above and for the aforementioned purposes, provided that these third parties are subjected to the same obligations that apply to the specialist partner in accordance with this contract. Kermi GmbH may demand written proof of the obligation of the third party from the specialist partner without specifying reasons.

VII. Compensation for use

The rights of use shall be granted to the specialist partner by Kermi GmbH free of charge. The specialist partner shall not be permitted to charge third parties as defined in VI.8 for the passing on of the works.

VIII. Rights to the works provided

Kermi GmbH shall ensure that it has the required legal position for the granting of rights of use.

IX. Duration

With a unilateral declaration in writing, Kermi GmbH may terminate the user license at any time without specifying reasons and can revoke it with immediate effect. The specialist partner shall then have ten working days to completely remove the stored data of the works from their IT systems and return physical works (e.g. (e.g. CDs, DVDs, catalogues) to Kermi GmbH or destroy them if this is agreed.

X. Reference to copyright

1. The specialist partner undertakes to apply the following note to the works: “© Copyright by Kermi GmbH“. The written works, images, videos are protected by copyright. Any exploitation outside the narrow confines of copyright law is illegal and liable to prosecution without the prior consent of the copyright holder. This particularly applies to reproductions, translations, and saving and processing in electronic systems. The same applies to publication on the Internet.
2. Naming of the copyright holder
If Kermi GmbH is obligated to name the copyright holder in individual works, the specialist partner shall also be obligated to do so in the same way. Kermi GmbH shall inform the specialist partner of this during the download process.

XI. Liability

If the specialist partner breaches obligations or violates the provisions of this usage agreement, Kermi GmbH may demand compensation for any damages incurred, including defence and prosecution costs. This shall especially also apply to the event that third parties make claims against Kermi GmbH due to infringement of rights (e.g. rights of the licensor or persons depicted). If the specialist party uses the works provided in any way other than is stipulated in this agreement, Kermi GmbH may demand that it cease and desist this activity. The specialist partner is also liable for legal infringements by third parties (for example portal operators or social media platforms).

XII. Sources

The works shall be offered to the specialist partner in a digitised form by download via Kermi websites or the industry portal / online shop.

XIII. Final provisions

1. Form
Ancillary agreements, amendments or additions that deviate from these GTC must be made in writing. They must be identified as such. This shall also apply to the waiving of the requirement of written form.
2. Invalid provisions
Should a provision in this agreement be invalid or unfeasible, then all other provisions remain unaffected by this. In the place of the invalid or unenforceable provisions, an appropriate provision shall be made that comes as close as possible to the intentions of the parties to the extent permitted by law.
3. Applicable law and agreement on jurisdiction
The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. Munich Regional Court I (Landgericht München I) shall have jurisdiction for all disputes resulting from or associated with contracts governed by these Terms and Conditions of Use.

Valid from: 1 March 2023

These terms of use (referred to hereinafter as “T&Cs”) govern the operation and use of the x-center applications for Kermi Smart Home (referred to hereinafter as “x-center”) from Kermi GmbH, Pankofen Bahnhof 1, 94447 Plattling, district court Deggendorf, HRB 0127 (referred to hereinafter as “Kermi” or “we”) by the specialist partner (referred to hereinafter as “specialist partner” or “you”).

1. Scope of application and terminology

1.1. The use of x-center by the specialist partner is governed exclusively by the following T&Cs.

1.2. “Contractors” in the context of these T&Cs are natural or legal persons or partnerships with legal capacity who use x-center for the purpose of commercial, self-employed, or freelance activities (Section 14 German Civil Code (BGB)). Our contracts and their fulfilment are governed exclusively by these special terms and conditions. Deviating conditions of the specialist partner shall not form part of the contract even if we do not expressly contradict them in the case in question or if the delivery is made/the service is rendered. Any contractual offers made by the specialist partner with reference to its terms and conditions are hereby rejected.

1.3. “x-center” refers to applications and devices which enable end customers to save and manage information, data, and settings relating to heating systems, ventilation systems, and other networked devices and components in their own customer account and to control them via the Internet. The x-center applications allow the specialist partner to carry out certain services – such as commissioning, remote maintenance, and update services – on such devices belonging to the end customer. Further details are provided in the product documentation which can be downloaded from the specialist partner area on our website.

2. Subject matter of the contract, availability, and prerequisites for use

2.1. The subject matter of these terms is the use of the x-center applications by you and the provision of certain x-center services for the end customer.

2.2. We shall make certain x-center applications and services available to you free of charge. We will endeavour to provide such services professionally and as quickly as possible. There is no entitlement to continuous availability of such services without interruptions – such as those caused by system failures, necessary maintenance, or system updates.

2.3. To use x-center applications, you must fulfil the following prerequisites:

Have access to a functional Internet connection.

Register on the Kermi website at www.kermi.de as a “specialist partner”.

 Enter the x-center product ID for the relevant end customer.

3. Registration and contract conclusion

3.1. In order to use x-center as a specialist partner, you first need to register online on the Kermi website (www.kermi.de) as a “specialist partner”. This is how you obtain your Kermi specialist partner ID. We will confirm this registration online and with a separate email sent to the email address you provide.

3.2. The contract of use for x-center will only come into effect once the email described in 3.1 is received. You will then be entitled to use our x-center applications for specialist partners free of charge.

4. Services from Kermi

Within the limits of what is technically and operationally feasible, we shall facilitate online access to and remote maintenance of the x-center devices and components of the end customers who have employed you for this purpose, and shall also provide other services. In particular, this shall include the following points:

4.1. The connected x-center-compatible components (heat pump, radiator controller, single-room controller, window contacts, etc.) are controlled via the Kermi x-center online portal using the end customer’s terminal devices (PC, smartphone, tablet). The details and control options can be found in the x-center online portal account.

4.2. If you have enabled push notifications on the control device (PC, smartphone, tablet) connected to the x-center, we will send you notifications. If you wish, these notifications can also be sent to the email address you provided during registration. We will send you notifications in the event of faults or necessary maintenance work on the x-center system of your customer, provided the customer has agreed to this.

4.3. Kermi shall provide the specialist partner with an appropriate browser-based x-center web app for use of the x-center applications. Minimum requirements for the browser: MS Internet Explorer as of version Firefox as of version Safari as of version Google Chrome as of version MS Edge as of version

4.4. Kermi shall provide the specialist partner with support in various forms. This includes:

4.4.1. The provision of support by means of FAQs, instructions, and technical data sheets on the relevant Kermi webpages (www.kermi.de).

4.4.2. Kermi shall provide you with a support hotline which you can call if you have general questions about installing and operating x-center. This hotline is available from 7:30 a.m. to 5:00 p.m. Monday to Thursday and from 7:30 a.m. to 3:00 p.m. on Fridays.

4.4.3. Kermi shall also provide you with training regarding the individual products. This training takes place on the Kermi Campus on a regular basis. You can sign up for this training by contacting the relevant field staff member.

5. Obligations and responsibilities of the specialist partner

5.1. You must keep your personal access details and the access details of your customers for the x-center online portal (user name/passwords/product ID) strictly confidential and must not pass these details on to third parties unless the third party is authorised to provide services for end customers via x-center or relating to compatible components on the basis of a contractual agreement and has agreed to these terms of use in text form or online.

5.2. Your registration and this contract of use are not transferable. You may only use the services arising from this contract for your own commercial purposes. If there are indications that third parties are using your x-center account unlawfully or if your personal data – e.g. address or phone number for notifications or your email address – changes, you are obliged to amend your access details truthfully and without delay, and to inform us of this.

5.3. When employed to carry out remote maintenance and similar tasks via Kermi x-center, the specialist partner shall undertake – for the benefit of the relevant end customer (Section 328 German Civil Code (BGB)) – to handle all personal data belonging to the end customer which falls under the German Federal Data Protection Act (BDSG) in accordance with the provisions of the BDSG; i.e., the specialist partner will not make the data available to third parties and will ensure that the personal data is not stored for purposes beyond the scope of the task assigned to the specialist partner. This data may only be used by the specialist partner for the actual purpose of the task. Where necessary, the specialist partners and end customers shall conclude a data processing agreement in accordance with Section 11 BDSG.

5.4. Other data that is not defined as personal data in the data protection legislation (for example, user name and password combinations for e.g. remote maintenance access; design and nature of the security systems for the data network, etc.) shall be handled by the specialist partner with the same care and shall not be made available to third parties. This relates in particular to the data required for control and remote operation of the systems.

5.5. The specialist partner undertakes to collect, store, and process the data belonging to the end customer and the client – provided it is not subject to the BDSG or TMG – exclusively for the purposes of the task in question and shall observe all applicable legislation in this respect. When the task is completed, all data belonging to the end customer which is available to the specialist partner shall be deleted irrevocably and this shall be confirmed in writing.

6. Rights of use

6.1. For the duration of the contract, you shall be granted a simple, non-transferable right of use to the services, contents, and software from Kermi exclusively for your own use and for the purposes of fulfilling the contract with your Kermi end customers.

6.2. If you have been provided with software by Kermi, the software must be used in its original form only and exclusively for the purposes of this contract. It is not permitted to copy, edit, transfer, modify, or decompile the software. Sections 69 d and e of the German Copyright Act shall remain unaffected.

7. Liability

7.1. Kermi shall be liable without limitations in the case of intent and gross negligence.

7.2. Furthermore, Kermi shall be liable for the breach of material contractual obligations (cardinal obligations) due to slight negligence. Material contractual obligations are obligations whose violation jeopardises the achievement of the contractual purpose, whose fulfilment is prerequisite to proper execution of the contract, and whose fulfilment can be routinely relied upon by the customer. In this case, however, Kermi shall only be liable for foreseeable damage that is typical of the contract.

7.3. Insofar as the liability is limited or excluded by Kermi, this shall also apply to the personal liability of its employees, representatives, and vicarious agents.

7.4. The aforementioned limitations of liability shall not apply in the event of injury to life, body, and health, in cases where a guarantee is given for the quality of a service, or in the event of fraudulently concealed defects. Liability in accordance with the German Product Liability Act shall remain unaffected.

8. Blocking access and terminating the contract

8.1. We may block your access to the x-center online portal permanently or temporarily if there are clear indications that you have breached applicable law and/or these terms of use to a significant degree. When making a decision with regard to blocking access, we shall appropriately consider your legitimate interests and shall notify you via email that your access is to be blocked at least 5 work days in advance.

8.2. You are entitled to terminate use of x-center at the end of a month by submitting a written declaration to that effect at any time.

8.3. The termination of paid-for services shall take place in accordance with the agreed notice periods and is to be carried out in writing or by sending an email to the email address info@kermi.de . Kermi is entitled to effect ordinary termination of this contractual relationship with a notice period of 8 weeks to the end of a month, either in writing or via email.

8.4. Unless we are obliged to continue to store the data in your x-center account, e.g. consumption data for your heating system, even after termination of the contractual relationship due to statutory provisions, we shall delete this data 2 months after the termination of the contract. The applicable provisions regarding protection of personal data shall remain unaffected.

8.5. The right of each party to effect extraordinary termination of this contract for good cause shall remain unaffected.

9. Changes to services

9.1. Kermi reserves the right, under due consideration of the interests of the specialist partners, to cease or change any services provided free of charge via x-center, to charge payment for services that were previously free of charge, or to add new free or paid-for services.

9.2. We shall notify you in writing of intended changes as described in 11.1. with a notice period of at least 1 month before the changes come into effect. After you receive the notification, you have a period of 1 month in which you may oppose the changes. Otherwise the changes will be regarded as agreed. If you oppose the changes, the contract of use shall be terminated when the notified changes come into effect.

10. Miscellaneous

10.1. German law shall apply exclusively to this contract under exclusion of international private law and of the United Nations Convention on Contracts for the International Sale of Goods.

10.2. In addition to the statutory regulations, the place of jurisdiction for all disputes arising from or in connection with these terms of use shall be Munich.

10.3. Kermi is entitled to employ appropriately qualified subcontractors to render services arising from this contract.

10.4. Should individual provisions of this contract be ineffective, the validity of the remaining provisions shall not be affected. The contractual parties shall endeavour to replace the ineffective provision with a provision which comes as close as possible to the legal and economic purpose of the contract.

10.5. The operator of the x-center online portal is Kermi GmbH, Pankofen Bahnhof 1, 94447 Plattling. If you wish to contact us, you will find the relevant details in our legal notice www.kermi.de/impressum.

[T&Cs last updated: 1 July 2016]