Agreement on the use of the NEA SMART 2.0 Service

1. What is the purpose of this agreement?

With this agreement, we make arrangements with you regarding services for the product NEA SMART 2.0, which we provide as an online service. We refer to the online service as “NEA SMART 2.0 Service”. “REHAU” and “we” shall refer to REHAU Industries SE & Co. KG, Helmut-Wagner-Straße 1, 95111 Rehau, Germany. This agreement is hereinafter also referred to as the “Terms of Use”.

In addition to this agreement, the provision and use of the NEA SMART 2.0 app is governed by the terms of the App Store from which you obtained the NEA SMART App 2.0.

By registering for the NEA SMART 2.0 Service, you accept these Terms of Use. If you have any questions about the product, the NEA SMART 2.0 Service or these Terms of Use, please contact the after-sales service (section 12).

2. Which functions does the NEA SMART 2.0 Service have?

The NEA SMART 2.0 Service enables you to operate and configure the NEA SMART 2.0 room temperature control system and control it via the internet. Evaluation and optimisation functions are calculated and provided to you and your NEA SMART 2.0 room temperature control system. We may also provide software updates for your NEA SMART 2.0 room temperature control system via the NEA SMART 2.0 Service.

3. Are there any costs?

The NEA SMART 2.0 Service is available free of charge with the range of functions described in section 2 above.

Future function enhancements may be subject to a charge. You can purchase such function enhancements for a fee via the NEA SMART 2.0 Service and / or the NEA SMART 2.0 app via an in-app purchase or comparable functions. You only purchase function enhancements that are subject to a charge for the period specified for the respective function enhancement. If no period is specified, a period of 12 months shall apply.

4. Which requirements do I have to fulfil?

To be able to use the NEA SMART 2.0 Service without restrictions, the following prerequisites must be met:

• Uninterrupted internet connection of the NEA SMART 2.0 room temperature controller and your terminal devices for accessing the room temperature control system, e.g. smartphone, tablet and PC
• NEA SMART 2.0 app installed on your terminal device, e.g. smartphone or tablet – the minimum requirements for your terminal device apply here – which is available for iOS or Android operating systems in the corresponding app store
• Own e-mail account
• Install regular updates of the NEA SMART 2.0 base station via the app to be able to use all of the functions (you can install the update in the app via More à Settings à General after successfully pairing the NEA SMART 2.0 base station with the app)

Any costs you may incur for the creation of these prerequisites are borne by you.

5. How do I register? What must I observe after registration?

You can register by creating a personal user account via the NEA SMART 2.0 app or via the website accounts.rehau.com. You enter your e-mail address and set a personal password when you register. When you register via the website, you can activate multi-factor authentication, which gives added protection for accesses to your user account.

You can change your e-mail address and password via your user account. Please make sure that your current e-mail address is always stored in your user account, as we need your e-mail address for various functions in connection with your user account and your NEA SMART 2.0 room temperature control.

Please choose a secure password and protect it from misuse. During the registration process, certain requirements are placed on your password and verified. If you discover that your user account is being misused, please inform REHAU immediately and change your password. If we suspect that a user account is being misused, we are entitled to block it.

If you allow another person to use the NEA SMART 2.0 Service on your terminal device, it is your responsibility to point out the Terms of Use and to adequately monitor compliance with them.

6. Availability

We cannot guarantee uninterrupted availability of the NEA SMART 2.0 Service. We endeavour to minimise restrictions for you as a user but ask for your understanding that we are not liable for any damage caused by interruptions to the NEA SMART 2.0 Service.

Security-relevant and functional updates are required to operate and use the NEA SMART 2.0 Service. Unless these are done by you, the user, on a regular basis, this will impair the availability of the NEA SMART 2.0 Service. We shall not be liable for any downtimes of the NEA SMART 2.0 Service that occur because you have not installed updates.

We have the right to block your access to the NEA SMART 2.0 Service if there are indications of

• misuse, abuse or
• violation by the user of these Terms of Use, applicable law, or third-party rights.

7. Does the range of functions change?

Due to circumstances such as technical developments or regulatory changes, it may be necessary or advisable for us to extend, restrict, otherwise change, or discontinue the NEA SMART 2.0 Service. These changes to the NEA SMART 2.0 Service can refer to individual or all device series. We will do our best to keep the effects that any possible changes of the NEA SMART 2.0 Service may have on you to a minimum, but we ask for your understanding that we cannot guarantee a permanent availability of the NEA SMART 2.0 Service, especially due to the fast technical development in the field of IT.

Updates can be installed automatically without notice and without your consent. You consent to the installation of automatic updates. If you do not want such updates to be installed automatically, you can make appropriate settings in the app. We may also ask you to install some updates yourself. In such cases, you will be responsible for taking the necessary steps without undue delay. If you do not install such updates, you may be exposed to some risks (e.g. security risks) which in turn may impair or restrict our liability and ability to offer you our services.

We only ever maintain the current version of the app.

8. How long will the NEA SMART 2.0 Service be available? How can I cancel the NEA SMART 2.0 Service? What happens to my data in the event of a cancellation?

Our service will be provided for a minimum period of two years following your purchase.

If we decide to discontinue the NEA SMART 2.0 Service, we will notify you of the discontinuation by e-mail or via the NEA SMART 2.0 app. We will inform you of the date of discontinuation of the NEA SMART 2.0 Service together with the notification. The termination of the NEA SMART 2.0 Service shall also terminate this agreement.

You may terminate this agreement at any time through the NEA SMART 2.0 Service by unsubscribing from the NEA SMART 2.0 Service.

You and we are entitled to terminate this agreement for good cause. Good cause for termination by REHAU shall exist in the cases specified in Section 6 (2) above.

After termination of this agreement, REHAU is not obliged to store your data.

9. Limitations of liability

Should you suffer any damage in connection with the NEA SMART 2.0 Service, we shall endeavour to find an amicable solution in this respect as well. However, we must limit our liability to a level that is acceptable to both parties.

Please note that heating costs are strongly dependent on various factors that cannot be influenced by REHAU. Such factors are, for example, insulation, ventilation behaviour, the weather, other building physics properties and selected target temperature settings. We are therefore unable to provide a guarantee for your heating costs.

Insofar as services are provided free of charge for you in accordance with this agreement, the statutory provisions on liability for loans shall apply.

Furthermore, we shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. In other cases we shall only be liable—unless otherwise stipulated in Section 4—in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in Section 3.

Our liability for damages arising from injury to life, limb, or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

Insofar as we enable access to other websites via links, we are not responsible for the external content contained therein. We do not adopt the external contents as our own. If we become aware of illegal content on external websites, we will remove the link immediately.

10. Change of the Terms of Use

We must reserve the right to amend and/or supplement this agreement or individual provisions thereof. In such a case, we will expressly draw your attention to the revised version, make the amended text available to you and ask you to provide your consent to this revised version.

You have the right to refuse to give your consent. In this case, the contractual relationship will continue under the same Terms of Use as before; however, we have the right to terminate the contractual relationship with you and block you from using the NEA SMART 2.0 Service going forward.

11. Data protection

The provision of NEA SMART 2.0 services requires the processing of personal data. This is carried out by REHAU as the controller in strict compliance with the applicable data protection laws. For detailed information on data protection, see REHAU NEA SMART 2.0 Data Protection Information.

12. After-sales service

If you have any questions about the NEA SMART 2.0 Service or experience any problems, please contact us as follows:

REHAU Industries SE & Co. KG
Helmut-Wagner-Straße 1
95111 Rehau
Germany
E-mail: service.de@support.rehau.com
Phone: +49 91 31 / 92 55 55

13. Final provisions

The law of the Federal Republic of Germany applies, but only to the extent that you are not deprived of the protection granted to you by mandatory provisions of the state in which you have your habitual residence.

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

If you do not have a general place of jurisdiction in an EU member state or if you are a business customer, the exclusive place of jurisdiction shall be Hof, Germany. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

Should individually provisions of these General Terms and Conditions or of the contract concluded with you be invalid in whole or in part, the validity of the remainder of the contract shall not be affected. Any ineffective provisions shall be replaced by the statutory provisions.

01.10.2022