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General Terms and Conditions

Updates to our General Terms and Conditions and Privacy Policy

We believe you should always know what data we collect from you and how we use it, and that you should have meaningful control over both. As part of our ongoing commitment to transparency and in preparation for new data protection laws that came into effect in May 2018, we have updated our Terms and Conditions and Privacy Policy.
These updates have been effective since 25 May 2018. By using our services on or after that date, you accept the changes. It is recommended that you read the documents in their entirety.

General Terms and Conditions – myStrom services

  1. General

    The “General Terms and Conditions for myStrom AG (“myStrom”) services apply to all the software and hardware components as well as services of myStrom (jointly referred to hereinafter as “the products”). In addition, the privacy policy, the warranty clauses for hardware apply together with the safety instructions, which the customer must note before commissioning and the Online Terms and Conditions of Order and Supply of myStrom apply to online purchases directly from myStrom (all these are accessible at mystrom.ch and mystrom.com).
    Any customer who wishes to make use of the products of myStrom must agree to these Terms and Conditions of Business and the other contract documents mentioned above. In particular, the customer warrants that same has full legal capacity to undertake to comply with these Terms and Conditions and has read, understood and accepted these Terms and Conditions. The customer agrees to all the contractual elements by using the products.

  2. Services Provided by myStrom

    Scope

    myStrom is a cloud-based smart home system. Information on the scope of the products offered by myStrom as well as the specific terms and conditions of use can be found on the website www.mystrom.ch/www.mystrom.com as well as in the latest brochures.
    The customer is not entitled to a certain configuration of the myStrom infrastructure or to having the accessible services kept available. myStrom is entitled at any time to change or cancel a service by giving appropriate advance notice thereof and without paying compensation therefor.
    myStrom may use third parties in the provision of services.

    Maintenance

    myStrom is responsible for maintaining its infrastructure and is entitled to interrupt or restrict operations for the purpose of fault rectification, maintenance work, the introduction of new technologies etc. myStrom shall rectify faults which lie within its sphere of influence within a reasonable period of time during operating hours.

    Remote access for monitoring and update

    myStrom is entitled, for the purposes of management, configuration, updating and similar, to access the customer’s infrastructure used for the service and to view, change, update, delete or otherwise manage the technical data and software available there. In the context of remote access, myStrom will be able to view the customer’s technical data directly associated with the hardware and software configuration and the services of myStrom.

    Support

    Support queries must be submitted to myStrom via the web form on the website mystrom.ch or mystrom.com.

  3. Customer’s Responsibilities

    Equipment Required by the Customer

    In order to be able to use the services of myStrom, the customer needs to have

    • Internet access
    • A PC/Mac with a browser
    • A smartphone with Apple iOS 9 or higher or Android 4.4 or higher
    • A myStrom account
    • At least one myStrom device which is connected to the WiFi

    The customer is personally responsible for the acquisition, installation, functioning and legal compliance of this infrastructure. myStrom does not provide the customer with investment protection.

    Registration

    If the customer wishes to use service of myStrom, the customer must register himself or the relevant smart home devices correctly on mystrom.ch or mystrom.com.

    Passwords, etc

    The customer is obligated to keep passwords, identification codes, login data, etc. in a secure location and ensure that third parties are unable to access these.

    Legal and contractual use

    The customer is responsible for the legal and contractual use of the connections and the purchased services. Any misuse of myStrom products and myStrom servers is prohibited.
    The customer is responsible for every use of the products even by minors living in his household and other third parties.

    Protective measures / data security

    Customers are solely responsible for securing their data. The customer shall protect his or her infrastructure and data from unauthorized access by third parties. The customer must, in accordance with the latest technology, take measures to prevent this infrastructure being used for the dissemination of illegal or other malicious content. Should a customer’s device damage or put at risk a service of myStrom or of a third party or should the customer use non-approved devices, myStrom may cancel its service provision without prior notice and without paying compensation, disconnect the customer’s device from the network and claim damages.

  4. Prices

    The myStrom services is currently offered for free.
    Hardware purchases are payable in advance when purchasing online.

  5. Data Protection

    General

    myStrom shall comply with the applicable regulations when handling data, in particular the Telecommunications Act and the Data Protection Act. myStrom shall only collect, store and process data required for the service provision, the finalisation and maintenance of the customer relationship, namely guaranteeing a high level of service quality, for the security of operations and the infrastructure as well as for billing.

    The customer agrees that myStrom

    • May obtain information regarding the customer in connection with the conclusion and finalisation of the contract and pass on data relating to the customer’s payment behaviour.
    • May process the customer’s data for marketing purposes, namely for the organisation and development of its services as needed and for customised offers and that the customer’s data may be processed for the same purposes within the Swisscom Group. The customer may restrict or prohibit the use of the data for marketing purposes.
    • Stores customer data and data generated during the usage of the service in Switzerland.

    Service provision jointly with third parties

    If a service is provided by myStrom together with a third party, myStrom may pass customer data to third parties to the extent this is necessary for the provision of such services.

  6. Intellectual Property

    The products offered by myStrom are protected by intellectual property rights. The customer shall, for the duration of the contract, be granted a non-transferable, non-exclusive right to apply and use the products. The content and scope of this right result from the contract documents.
    All rights to existing intellectual property or intellectual property arising on performance of the contract in respect of the products of myStrom shall remain with myStrom or the licence holders entitled thereto.
    The customer may not modify, adapt, translate, reconstruct through reverse engineering, decompile, disassemble or create a work derived from the software. The customer may not reproduce the software or permit access to the software by a forum to a computer with public access or by means of “shareware”. In particular the customer may not remove any references regarding the ownership of rights by myStrom or its partners, use the myStrom and Asoka trademarks without consent, and sell, assign or grant sub-licences to the software.

  7. Warranty

    Disruption / Faults

    myStrom endeavors to provide its services with high availability. myStrom cannot, however, guarantee that its infrastructure and services will function without disruption and faults. Using myStrom, devices can be switched on and off remotely. As this is an IP-based system, no warranty can be given against malfunction. In particular, the devices may at times not switch on and off or do so with a delay (too early or too late). Never connect devices, which require supervision by a person (e.g. hotplate).

    Networks and third-party services

    myStrom cannot give any assurances or warranties in respect of availability and the quality of operations and support for data traffic on third-party networks or with connections of third-party networks.

    Money-back guarantee

    The terms of warranty for the devices of the specialist/dealer or the manufacturer are valid. myStrom does not grant any warranty and no adhesion.

    Warranty on devices

    As from the date of sale, myStrom provides you with 24 months’ warranty on all devices. Should any defects arise, please report these to the point of sale or the respective customer service of myStrom.
    In the event of a defect, myStrom may comply with its warranty clause by replacing or exchanging the device with a similar device or rectifying the defect. myStrom may replace defective parts with new or reconditioned parts. Ownership of the replaced parts shall transfer to myStrom. Should myStrom provide a warranty service, myStrom shall provide a warranty of 6 months on the repaired or exchanged device; if the original warranty period should be longer, then that period will apply. These warranty periods are neither suspended by any warranty service nor do they start again from the beginning.

    Limitations

    The warranty shall not extend to supplies and consumables such as batteries, accumulators or information carriers (e.g. operating instructions provided as a CD or in paper form) and not to defects for normal wear and tear, improper use and intentional or negligent damage by the buyer or third parties. Nor does it extend to defects that are due to the effects of moisture or other external influences (falls, pressure or blows incl. transport damages) or due to overloading from connected loads. The warranty shall extinguish if actions are taken which are not authorized by myStrom.

    Links to Websites and Third-Party Services

    The myStrom website may contain links to third-party websites, which are not under the control of myStrom. myStrom is not responsible for the content of these websites and for products, which may be offered by a linked website as well as for any links on the linked website and any changes or updates to such websites. myStrom provides these links to the customer for informational purposes only and the inclusion of such links does not mean that myStrom supports, guarantees or assumes responsibility for the content or the products on the third-party websites.

  8. Security and Safety Regulations

    You are obligated to take note of the following and the ones that come with the devices safety instructions before commissioning the device. If you do not understand these instructions, it is advised that you do not commission this device.
    Never connect the devices with Swiss Plug with devices that exceed a total consumption of 2375 watts.
    Never connect the devices with EU/Schuko Plug with devices that exceed a total consumption of 3700 watts.
    Only use the devices in a dry location. Do not use the devices in bathrooms. Do not pour any liquids onto the devices and do not dip the devices into any liquids.
    The devices may not be opened. There are no parts in the interior of the dev which can be repaired by laypersons. Therefore, do not attempt to repair the devices yourself. There is a risk of electrocution!
    Do not insert any items into the openings of the devices. Slits and openings on the casing serve as ventilation and may not be blocked or covered up. Please ensure that the devices have sufficient ventilation so that the device does not overheat.
    To disconnect the device from the mains supply pull the device out of the plug.
    Do not place the devices in direct sunshine.
    The devices may not be set up in direct proximity to a heater.
    Before cleaning the casing disconnect the device from the mains supply. Only use a slightly damp cloth to clean the device and never use thinners, petrol, alcohol or other aggressive cleaning agent, as these may damage the casing.
    In the event of damage, disconnect the device from the mains supply. The following cases indicate damage:

    • If the device/casing is damaged.
    • If liquid was spilt onto the device or if it was exposed to rain.
    • If objects have entered the device.
    • If the device does not work.
  9. Liability

    General liability provision

    In the case of contractual infringements, myStrom is liable for proven damage, unless it can demonstrate that it bears no responsibility. myStrom accepts no liability for damages resulting from slight negligence. In all other cases, myStrom shall, to the extent permitted in law, recompense only up to a maximum of the value of the service purchased during the last contractual year for property and pecuniary damage.
myStrom shall, to the extent permitted in law, accept no liability for consequential damages, lost profits, data losses and damages arising as a result of downloads.

    Force Majeur

    myStrom shall not be held liable if the service provision is temporarily disrupted, wholly or partially restricted or impossible due to force majeur. Force majeur shall in particular be deemed to include power outages and the occurrence of malicious software (e.g. virus attack).

    Illegal or non-contractual use / Misuse

    myStrom shall not be held liable for damages arising from the illegal or non-contractual use of its services. Should there be any indication of illegal or non-contractual conduct, myStrom may hold the customer liable for illegal and non-contractual use, change, restrict or cancel its service provision without advance notice and without compensation, cancel the contract without notice and with no compensation and, if necessary, claim damages and demand release from third-party claims. The same shall apply in the event of incorrect or incomplete information given by the customer on contract conclusion or when placing an order.
    Should the customer violate third-party intellectual property rights and if claims are made against myStrom in this respect, the customer shall hold myStrom harmless.
    myStrom cannot be held responsible in the event of misuse and damages by third parties.

    Liability for damages due to overload

    If the stated power limit is not observed, the customer shall be solely responsible for all the damages arising. myStrom shall accept no liability whatsoever for damages and consequential damages as a result of the overload.

    Remote access

    myStrom shall not be liable for any damages to the customer’s infrastructure arising after remote access, unless these damages were proven to be caused by the remote maintenance of myStrom.

  10. Duration and Termination

    Contractual period and termination

    myStrom has the right to close a user account if the customer has not accessed it for more than 90 days; or if myStrom decides to discontinue the service in whole or in part.
    myStrom may cancel, block and/or delete the customer’s user account in the event of a breach of these terms and conditions without giving prior notice.
    The same is valid in case of unfounded or incomplete details of the customer with conclusion of a contract or with the order.
    The customer may not assist other users who have breached these terms and conditions to gain access to the service.
    The customer agrees, in the event of a cancellation of his or her user account, to discontinue any use of the service and the client software and to delete any client software which may have been downloaded to a computer, hard disk or another storage medium under the customer’s control and to not access the network without the written approval of myStrom, and or to not use another user account in order to regain access to the network.
    myStrom is not obligated to keep customer data and generated date resulting the usage of the service up to the termination of the contract. For reasons of capacity, myStrom may delete data already in advance. Data storage is guaranteed for at least one year for contracts which have not been cancelled. At the latest on termination of the contract, independently of the reasons or the authority of the notice, the data are deleted or the link to the customer is removed and reused in a anonymised way for different analytical uses.

  11. Changes

    myStrom reserves the right to change the Terms and Conditions, the privacy policy, the warranty as well as the safety instructions at any time. myStrom shall inform its customers in a suitable manner in advance of any significant changes. Should the changes be to the customer’s detriment, the customer may cancel the contract with myStrom prematurely without financial consequences until the change enters into force. Should the customer fail to do so, the changes will be deemed accepted.

  12. Transfer

    myStrom may transfer this contract or the rights and duties arising therefrom without the consent of the customer to Swisscom (Switzerland) Ltd, Swisscom Ltd and another company controlled by Swisscom Ltd.

  13. Place of Jurisdiction and Applicable Law

    The contract is subject to Swiss law. The place of jurisdiction is Berne. Other courts may have jurisdiction under mandatory law.

  14. GDPR Contact

    VGS Datenschutzpartner UG
    Am Kaiserkai 69
    20457 Hamburg
    Germany
    info@datenschutzpartner.eu

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