General Terms and Conditions

of Sensate Digital Solutions GmbH, managing director Manuel Fegerl, Seilergasse 4, 8501 Lieboch, office@sensate.io, T: +43 720 270276, https://www.sensate.io (hereinafter referred to as Sensate), version dated 01/07/2019.

1. GENERAL PROVISIONS AND SCOPE OF APPLICATION

(1) The following provisions represent the General Terms and Conditions (hereinafter referred to as GTC) of Sensate, which govern all legal relationships between Sensate and users (hereinafter referred to as user) of the website https://www.sensate.io operated by Sensate (hereinafter referred to as website) or applications and any services and offers associated therewith. The general terms and conditions can be downloaded in PDF format from https://www.sensate.io and can be saved locally by users.

(2) Sensate does not recognise any different GTC, which are also not included in the contract unless Sensate expressly agrees to the different conditions in written form. Written form will be accepted via electronic means (email) and will suffice. Sensate makes contracts exclusively upon application of these GTC in the version valid at the time of the conclusion of the contract and the user agrees with the applicability of the GTC.

2. DATA PROTECTION

(1) The protection of personal data of contractual partners and users has the highest priority for Sensate. Therefore Sensate uses the latest technology and takes the strictest security precautions for data protection. The current data protection declaration regarding the use of the website can be found at https://www.sensate.io/privacy.

(2) Users acknowledge that Sensate processes personal data provided (as defined by the German Data Protection Act (DSGVO) and national data protection laws) to the extent that this is necessary and expedient for the performance of the tasks or results from legal or other obligations of Sensate. The user expressly declares that he/she is aware of Sensate’s privacy policy.

3. SERVICES

(1) Sensate provides users with various do-it-yourself instructions, information and advice for smart home applications in their app. Typically a step-by-step guide is provided, though other forms of content might also appear. The application can be used, among other things, to implement your own projects or to implement the projects mentioned according to the instructions, whilst focus is placed on different focal points for each app. Depending on their focus and function, these apps can include the following services, which are listed as examples and do not claim to be exhaustive:

  • instructions at different levels of difficulty
  • parts lists that lead directly to one or more dealers, which are necessary for the implementation of instructions
  • 1-click configurations
  • graphics
  • notifications
  • non-binding recommendations etc.

(2) The corresponding app can be downloaded and used by the user in the freemium model (free of charge) in the app/playstore with prior acknowledgement of the GTC and the data protection declaration, provided that it is not exclusively available against payment. With this version of the app, the construction instructions and display functions can be used free of charge with simultaneous advertising of various companies.

(3) Additionally, an extension of the free apps can be purchased against payment of a fee if needed, which, among other things, offers the following additional functions: advanced configuration options (expert mode), connection to third-party systems, free configuration of notifications for sensor data or failure scenarios. Specific additional functions can be found in the product description in the app/playstore and there is no entitlement to the services listed here, the list of which is not exhaustive but merely illustrative. Sensate reserves the right to adapt and change the range of services.

(4) Instructions provided by Sensate contain exclusively descriptive, identifying and classifying information (technical data) and are presented in simple and easily understandable language. Declarative information, such as the provision of background information or specialist knowledge, is not part of the scope of services provided by Sensate.

4. INTERRUPTION OF SERVICES

There is no right to use the website or app and Sensate reserves the right to temporarily or permanently restrict, suspend or disable the website or app partially or entirely with respect to the features offered. Furthermore, technical failure or the need to perform maintenance work may result in inactivity of website or app. We assume no liability for direct, indirect or other damages, regardless of their cause, arising from the unavailability of the data and information on this website or app.

5. COMMUNITY FORUM (REVIEWS AND COMMENTS)

(1) Sensate has set up a community forum on its website where users have the chance to exchange information and support each other. This forum is also used to inform users about announcements of any kind.

(2) Users are prohibited from placing advertising for themselves or third parties in this community forum.

(3) Furthermore, users of the website are obliged to provide only truthful and factual information in their comments and to comply with legal requirements. In addition, any comments posted by the users shall not be illegal, obscene, abusive, threatening, defamatory, infringe privacy or legal requirements, or otherwise hurt any third party or be objectionable and may not contain any political campaigns or promotional statements. Customers may not use false email addresses, impersonate any other person or entity, or otherwise be misleading regarding content. Sensate reserves the right to review comments and not to publish them or to remove them from the website by deleting them.

(4) With regard to the community forum, Sensate is to be regarded exclusively as a host provider and does not assume any liability for legal violations. Sensate will take corresponding reasonable measures to eliminate any violations of the law should they become known, comments however, will only be examined in special cases and Senate is not liable for the contents of comments. Messages about comments which do not comply with these or legal regulations may be sent to office@sensate.io.

6. RISK NOTE – USER COMMITMENT

(1) Work on buildings, machines, vehicles and (technical) equipment, in particular electrical equipment and installations, is basically risky and requires an appropriate and professional approach. Sensate would like to point out that the content published on the platform does not constitute advice or an invitation to perform certain activities, nor are any facts guaranteed. The information is used solely for private information within the context of an independent decision and activity of the user upon their own responsibility. In no case does this information replace professional advice.

(2) When using the contents and information which can accessed on the website or the app, users are obliged to comply with the required safety standards and safety measures according to the respective state of the art, in particular in connection with the use of electrical devices and tools. In the event of lack of experience and any uncertainty on the part of the user, an expert must be consulted and users must refrain from implementing the instructions for themselves.

(3) Users acknowledge that the applications of Sensate merely represent instructions and recommendations, which facilitate the implementation of various individual projects. However, these applications do not replace any other safety instructions or safety systems and it is the responsibility of the user to ensure that all safety regulations are complied with and that important safety measures (e.g. installation of an emergency shutdown if the temperature in the terrarium exceeds the limit etc.) are in place in accordance with the do-it-yourself instructions. Sensate is not liable for damages resulting from the violation of this obligation.

7. INFORMATION REGARDING CONSUMER PROTECTION LAW

(1) Due to the Consumer Rights Directive of the EU, consumers have the right to withdraw from Internet transactions in all EU member states. As with services, digital content is generally subject to a 14-day right of withdrawal from the contract (§ 11 FAGG). FAGG refers to digital content that is not delivered on a data carrier. This includes software, apps or access to databases, and thus the services provided by Sensate can be classified as such.

(2) Withdrawal can be declared by consumer using the standard legal withdrawal form or with appropriate clear explanation in any other form (e.g. SMS, by telephone) to Sensate. With the delivery of digital content, the right of withdrawal expires if the contractor starts delivery (download)

  • with the explicit consent of the consumer
  • in reference to their knowledge of the loss of the right of withdrawal in the event of “premature” (i.e. “immediate”) commencement before expiry of the period for withdrawal
  • upon provision of confirmation of the contract

(3) Should the playstore or the appstore (e.g. via reportaproblem.apple.com) offer cancellation options, these can be used separately by the user, however are not connected with Sensate in any way.

(4) Should you wish to revoke the contract, the following letter (to be filled in) should be sent to Sensate:

To:
Sensate Digital Solutions GmbH
Seilergasse 4
8501 Lieboch
Austria
office@sensate.io

I/we (*) hereby cancel the contract concluded by me/us (*) for the provision of following services (*)

  • Ordered on (*)/received on (*)
  • Consumer(s) name(s)
  • address of the consumer(s)
  • Signature of the consumer(s) (only for communication on paper)
  • Date

(*) Delete as appropriate.

8. LIABILITY AND LIMITATIONS OF LIABILITY

(1) Sensate always strives to keep the website and app, including all available services, up to date and free of malfunctions of any kind (viruses, etc.) and to guarantee the highest possible level of security. However, due to technical conditions on the Internet, no conclusive guarantee can be given or liability assumed. Before downloading and using our services, every user is responsible for comprehensive security precautions such as the use of up-to-date software programs, appropriate virus scanners, firewalls and similar technical protection measures.

(2) Should Sensate’s website contains links to external websites of third parties, we would like to point out that Sensate has no influence on the contents thereof. Therefore Sensate does not assume any liability for external contents. The respective provider or operator of these sites is always responsible for the contents of the sites linked to. The linked sites were checked for potential legal infringements at the time of linking. Illegal contents were not recognisable at the time of linking and Sensate no longer assumes responsibility for the contents of these sites.

(3) Sensate has carefully researched, compiled and prepared all content and information available on the website or the app. However, Sensate does not guarantee the accuracy, completeness, quality or timeliness of content and information provided, particularly as it is intended solely for general information purposes and is not intended to and cannot replace relevant individual advice from an expert in the respective field. Sensate does not guarantee or assure the successful implementation of the do-it-yourself project using the content and information provided by Sensate.
(4) Sensate is not liable for any loss of data or damage to data. Furthermore, Sensate is not liable for any damage that may occur to the user’s computer or other technical devices or terminals.

(5) Sensate excludes any liability claim by the user, which results from improper conversion or unprofessional execution of the contents and information provided or any circumstances, which are not to be attributed to the realm of Sensate.

(6) Irrespectively, Sensate’s liability in legal cases is limited to cases of intent or gross negligence. In the event of a slightly negligent breach of a primary obligation or secondary obligation, the breach of which endangers the achievement of the purpose of the contract or the fulfilment of which is essential to the proper execution of the contract and on the observance of which users were to rely (“material secondary obligation”), liability shall be limited to usual contractual damages foreseeable at the time of conclusion of the contract. However, this limitation of liability does not apply to damages resulting from injury to life, body or health of persons. Furthermore, Sensate’s liability for slightly negligent breach of ancillary obligations, which are not part of essential ancillary obligations, is excluded. This limited liability shall also apply in favour of legitimate representatives, executives and agents.

(7) Users who are entitled to entrepreneurial status must prove the existence of intent or gross negligence and claim damages within six months of transfer of risk or provision of services.

9. INDUSTRIAL PROPERTY RIGHTS

Unless explicitly stated otherwise, Sensate is the owner of the intellectual property rights, in particular copyright and trademark rights, for all material on this website and app, in particular images, graphics, texts and logos, as well as the structure and content of the website and app, and all accessible content. The use of this material without prior consent by Sensate is not permitted; otherwise, in the event of legal violation, compensation for the damage incurred (of any kind) must be paid and the violation must be immediately eliminated. Any use, in particular storage in databases, duplication, distribution, processing and any form of commercial use as well as passing on to third parties – also in parts or in revised form – without the consent of Sensate is prohibited.

10. AMENDMENT OF GENERAL TERMS AND CONDITIONS

Sensate reserves the right to change its General Terms and Conditions at any time, e.g. due to a change in the legal situation, supreme court’s jurisdiction or market conditions, while keeping a reasonable period of notice. The announcement will be made by publishing the amended GTC on the website, stating the date as of which they will be applicable.
Should the effect of such changes on users not be solely favourable, Sensate will announce change(s) two months prior to the date as of which they will come into effect – only if changes are not only applicable for future clients. The main content of the change(s) that do not exclusively benefit the customer and reference to Art. 25 (3) TKG 2003 shall be communicated to the customer appropriately, e.g. by printing out on an invoice, at least one month before they come into effect. The notice on the main content of the amendment will contain a reference to the free right of termination and the period of notice. Upon request, the full text of the current GTC will be transmitted.

Users inform themselves about the current developments on the website and the app. If no objection to the amendment to the GTC is raised within six weeks of publication, the amended GTC is deemed accepted.

11. TRANSFER OF COMPANY

Sensate is entitled to transfer the rights and obligations resulting from the agreement between Sensate and the user to a third party, in particular to a company founded by the owner of Sensate. Users will be informed about the transfer within a reasonable period of time on the website.

12. FINAL PROVISIONS

Should any provision of these GTC be or become void, ineffective or unenforceable as a whole or in part, the effectiveness and enforceability of all remaining provisions shall not be affected. The void, ineffective or unenforceable provision shall, as far as legally permissible, be replaced by the effective and enforceable provision that is closest to the purpose of the void, ineffective or unenforceable provision in terms of dimension, time, place or scope. The same applies to any omission in these GTC.

In the event of disputes, Austrian law shall apply exclusively and any substantive or procedural legal standards which refer to another legal system do not apply. Furthermore, the provisions of the UN Sales Law are excluded.

It is agreed that the corresponding court in Graz is place of jurisdiction. Sensate is, however, also entitled to file claims at any other domestic or foreign court where the respective client has a registered office, branch or assets. For users who are consumers according to the Consumer Protection Act, jurisdiction regulation of § 14 KSchG applies.