Terms of Use for the Use of the JUBEE App from Novelty Electric Limited
1. Provider and scope of application
1.1 Novelty Electric Limited (hereinafter
referred to as “Novelty” and “JUBEE”) offers, under the name JUBEE App (hereinafter,
the “app”) for mobile telephones to manage JUBEE Smart Home devices, which can
be operated using iOS and Android operating systems. This telemedia service is
offered by JUBEE exclusively on the basis of these Terms of Use.
1.2 These Terms of Use cover all offers,
which can already be used or may be used in future via the app. The household
devices managed via the app do not fall under the present Terms of Use; in this
respect, the operating instructions or other terms of use apply.
1.3 JUBEE reserves the right to amend
and/or to supplement these Terms of Use at any time in compliance with a notice
period of 4 weeks. JUBEE shall only implement such changes for good reason, in
particular, based on new technological developments (improvement and
enhancement of existing functions, adaptations to state-of-the-art technology
to maintain the functionality and security of the service) or changes to
jurisprudence or the legal situation. In the event of amendments and/or
supplements, which have implications for the existing contractual relationship
with the User, JUBEE shall send the (registered) user, at the email address
provided upon registration, the amended version of the Terms of Use, clearly
highlighting the changes. Insofar as the User does not object to the amended
and/or supplemented version of the Terms of Use within four weeks from their
receipt and continues using the offer following expiry of the objection period,
the changes are considered effectively agreed upon from the moment the objection
period. In the event of any objection, the contract shall be continued under
the previously applicable conditions. In the notification of changes, JUBEE
shall inform the User of its right to object, of the arrangements for
exercising this right and of the consequences of failure to exercise it. In the
context of the procedure above, JUBEE shall not implement any changes, which
significantly impact on the contractual balance between the offer and the
payment made for it, if any. The User is entitled to terminate the offer,
insofar as she or he does not wish to use the service applying the amended
and/or supplemented Terms of Use. The User undertakes always to keep his or her
email address up to date.
2. Object of the contract
2.1 The object of the contract is the
provision of the app in its form provided. JUBEE is under no obligation to
upgrade or update the app.
2.2 The User is aware that the use of
specific functionalities of the app requires an existing data connection in the
mobile device. To avoid accruing unnecessary connection costs, it is
recommended that the User uses the app only where there is a WIFI connection,
or to dispose of a data flat rate.
2.3 The app can be used for mobile phones
to manage JUBEE Smart Home devices. The app can be downloaded via an App Store
(Apple Store or Google Play) to a mobile device (Smartphone), to manage JUBEE
Smart Home devices using the mobile device. The device to be managed must be
located within the contractual area, i.e. in USA.
2.4 The User is not entitled to maintenance
of the app or individual offers in the version existing upon contract
conclusion. JUBEE reserves the right to discontinue the offer or parts thereof,
to the extent that this is justified for technical and/or economic reasons.
2.5 JUBEE cannot guarantee that the app
offered will be made available at all times without interruption, timely,
secure and free from faults or delays. The User recognizes that there may be
temporary unavailability of the app, whether for reasons of force majeure or
due to technical incidents, interruptions or changes, whether caused by JUBEE
or third parties.
3. Registration, contract conclusion
3.1 The use of the app requires
registration by the respective User. The registration required for this can be
carried out via the app after downloading it. The use of the app is restricted
to private domestic use; commercial use is not permitted.
3.2 Only Users who have reached the age of
18 years at the time of use, and who are fully legally competent, are entitled
to register –those with restricted legal competence, in particular, minors –
are entitled to register with the consent of their legal guardian. With the
registration, the User expressly declares that she or he is of full age and is
fully legally competent or in the event of that she or he is a minor, has the
consent of his or her legal guardian.
3.3 If the User registers via the app and
thereby communicates his or her registration data to JUBEE, this constitutes an
offer to conclude a User Contract. The User undertakes to give truthful,
accurate, current and complete information according to the registration form
provided. JUBEE is entitled to review the personal data concerning the User and
to refuse to accept the offer without giving reasons. After registration,
whereby the User creates a password, she or he receives a confirmation of
registration by email. The registration procedure is completed by activating
the link contained in this email. The sending of this email constitutes the
acceptance of the offer to conclude a User Contract. In the email, the User
shall be sent these Terms of Use in text form and these are also saved by
JUBEE.
3.4 After the registration, JUBEE sets up a
member account for the User, by means of which the User can implement the
management of JUBEE Smart Home devices.
3.5 The member account is non-transferable
and cannot be inherited.
4. Access data and passwords
4.1 The User undertakes to keep its
password secret and to inform JUBEE immediately in writing or by email if
unauthorized third parties obtain knowledge of the User’s password. The User is
responsible for all actions, which third parties carry out using his or her
password, insofar as the User has culpability for this.
4.2 The User shall inform JUBEE immediately
of any misuse of the password or member account and of any other breach of
security provisions and shall be liable to JUBEE for misuse of the member
account for which the User is culpable.
5. Grant of rights
5.1 The User receives, for the duration of
this contract, the non-exclusive, non-transferable and non-sublicensable right
to use the app exclusively for the purposes of its appropriate use in
accordance with these Terms of Use. The User may not modify, adapt, translate
or in any way edit this app nor combine it with other software. Further, the
User is prohibited from copying the app, distributing it, or otherwise
providing it to third parties (including by leasing).
5.2 To the extent that no special terms of
use apply, the provisions of Article 5.1 apply accordingly for further
developments of the app in the form of upgrades and updates and other
enhancements in functionality, which shall be made available via the store
where the app was initially purchased (Apple Store, Google Play).
6. The User’s obligations to cooperate
6.1 Owning a compatible JUBEE Smart Home
device is a prerequisite for the use of the app. The User is responsible for
the proper installation and connection of the Smart Home devices to the home
network.
6.2 Further technical prerequisites of the
app (e.g. supported operating systems and end devices) are shown in the
description of the app in the app store.
6.3 Functional capability and functional
reliability of the app in conjunction with the devices to be managed can only
be ensured by regular installation of the updates provided. The User undertakes
to install the updates for the app without delay, to maintain the function of
the app, insofar as installation is not unreasonable.
7. Term and termination
7.1 The User Contract is concluded for an
unlimited period of time and can be terminated at any time by the User and by
JUBEE. The User can delete his or her account at any time within the context of
account management and thereby terminate his or her User Contract.
7.2 The right of the Parties to
extraordinary termination for good cause remains unaffected.
8. Contents, intellectual property
The contents provided in the app are
protected in favor of JUBEE or third parties under copyright and/or trademark
law or by other property rights. All contents and texts, in particular
including layouts, designs, images, illustrations and other information
(hereinafter referred to collectively as “contents”) in the contents made
available by JUBEE and in the subscribed updates are the property of JUBEE or
third parties and subject to copyright law and, where applicable, further legal
provisions to protect intellectual property. Without prejudice to mandatory
legal provisions, it is therefore not permitted to reproduce, distribute,
publish, communicate, amend or to edit, store, transfer these contents, in
whole or in part, nor to create derivative works or to permit third parties to
use the contents. Without the permission of JUBEE, it is not permitted to use
the contents for the publication or communication of advertising or other
sales-promoting materials or to motivate third parties to access or make use of
specific goods or services. The use of contents or parts thereof for commercial
use of any nature whatsoever is not permitted, in particular, by resale,
imitation, reproduction or distribution for commercial purposes. Use of the
contents for the purposes of illegal activities is also not permitted.
9. Warranty and liability for free software
9.1 JUBEE shall only be liable to the User
for material and legal defects, on any legal basis whatsoever, to the extent
that JUBEE has fraudulently concealed the material or the legal defect.
9.2 Further, JUBEE shall only be liable to
the User for damages, which are caused by intentional or grossly negligent
breach of contractual obligations by JUBEE, or which are based on culpable
injury to life, physical integrity or health.
10. Infringement of these Terms of Use
10.1 The User commits himself or herself
towards JUBEE to use the app only for purposes which do not infringe the
present Terms of Use and applicable legal provisions as well as third-party
rights.
10.2 Insofar as the User enables third
parties to use the app via his or her mobile end device, she or he must refer
the third party to these Terms of Use as part of his or her obligation of due
diligence and must control compliance with these in an appropriate way.
10.3 JUBEE reserves the right to block the
access to the app, insofar as the User significantly infringes the obligations
incumbent on him or her based on these Terms of Use.
11. General provisions
11.1 For all legal relations between the
User and JUBEE in relation to use of the app and in relation to the User
Contract concluded, the law of the USA shall apply, to the exclusion of USA
conflict of laws provisions and the UN provisions on International Sale of
Goods (CISG) and Related Transactions.
11.2 In the event of invalidity of
individual provisions of these Terms of Use, the validity of the remaining provisions
shall remain unaffected.
11.3 JUBEE does not participate in dispute
resolution proceedings before a consumer arbitration board.
Version: 09/2021