CLEMAP AG Terms and Conditions

Terms and conditions

Validity of the terms and conditions

These General Terms and Conditions (GTC) apply in their current version, published at www.clemap.ch, for the use of all software and hardware components as well as services of CLEMAP AG (CLEMAP). For the legal relationship between CLEMAP and the customer for all contracts for the provision of services by CLEMAP to the customer, in particular also for services due to contract changes/supplements or additional orders, even if the GTC are not agreed again. Services for which CLEMAP expressly declares deviating conditions to be applicable are excluded from the validity of these GTC. Business, purchasing or other conditions of the customer shall not become part of the contract unless CLEMAP expressly accepts them as binding in writing.

The customer who wishes to use CLEMAP's products must agree to these GTC and the other contractual documents listed above. In particular, the Customer warrants that he is fully competent to undertake to comply with these Terms and Conditions and that he has read, understood and accepted these Terms and Conditions. By using the Products, the Customer agrees to all the terms of the Contract.


Services provided by CLEMAP

Scope

CLEMAP product is a web-based energy management system for controlling electricity consumption. The website www.clemap.ch and the current brochures provide information about the range of products offered by CLEMAP and their specific uses.

Customers are not entitled to a specific configuration of the CLEMAP infrastructure or to the maintenance of services accessible via it. CLEMAP is entitled at any time to change or discontinue the provision of a service without compensation with appropriate advance notice.

CLEMAP may involve third parties in the provision of services.


Maintenance

 CLEMAP shall be responsible for maintaining its infrastructure and shall be entitled to interrupt or restrict its operation for the purpose of rectifying faults, carrying out maintenance work, introducing new technologies, etc. CLEMAP shall also be entitled to suspend or restrict the operation of the infrastructure. CLEMAP shall remedy faults within its sphere of influence within a reasonable period of time during operating hours.


Remote access for update

 CLEMAP is entitled to access the Customer's infrastructure for the purpose of configuration, update and the like and to view, modify, update, delete or otherwise control the technical data or software available there. In the context of remote access, CLEMAP gains insight into those technical data of the Customer that are directly related to the configuration of the hardware and software as well as the services of CLEMAP.


Support

Customers must contact CLEMAP directly for support. Support requests for energy management should be sent to CLEMAP via the web form on the CLEMAP website www.clemap.ch


CLEMAP does not assume any costs for the expenses of the customer or third parties commissioned by the customer in connection with limiting and/or remedying any faults in a CLEMAP service.


If CLEMAP is held liable by third parties for malfunctions that are not caused by its infrastructure, the costs may be charged to the customer who caused the malfunction.


Services of the customer

Facilities at the customer

In order to use CLEMAP's services, the customer needs

- wireless internet access where the sensor is installed
- a PC/Mac with browser
- a CLEMAP account
- At least one CLEMAP sensor connected to the router.

The customer himself is responsible for the acquisition, installation, functioning and legal conformity of his infrastructure. CLEMAP does not protect the customer's investment.


Registration

If the customer wishes to use the CLEMAP portal, he must register himself or the corresponding CLEMAP product on cloud.clemap.ch correctly.


Data access

The customer undertakes not to make his correct access data (in particular the password) accessible to any third party


Newsletter

By agreeing to the lending and terms of use, the customer agrees that we enter his email address, first name and surname in MailChimp for the newsletter (see link). The customer can unsubscribe from this newsletter at any time.


Legal and contractual use

The customer is responsible for the legal and contractual use of his connections and the purchased services by himself and by third parties (including minors in his household). Any misuse of CLEMAP products and CLEMAP servers is prohibited.


Protective measures

The customers are solely responsible for the backup of their data. The customer protects his infrastructure and data from unauthorized access by third parties. He takes - in accordance with the state of the art - measures to prevent his infrastructure from being used for the dissemination of illegal or otherwise harmful content. If a device of the customer damages or endangers a service of CLEMAP or third parties or if the customer uses unauthorized devices, CLEMAP may discontinue its service without prior notice and without compensation, disconnect the customer's device from the network and claim damages.


Prices

CLEMAP currently provides the energy management service free of charge.

The current prices of CLEMAP products published on www.clemap.ch are decisive for the hardware components. The purchase of hardware and software must be paid for in advance when purchasing online.


Data protection

General

CLEMAP complies with all applicable laws and regulations, in particular telecommunications and data protection laws, when handling data. CLEMAP only collects, stores and processes data that is required for the provision of services, for the processing and maintenance of customer relations, in particular for guaranteeing high service quality, for the security of operations and infrastructure and for invoicing.

The customer consents to CLEMAP

- can obtain information about him in connection with the conclusion and performance of the contract.

- may process his data for marketing purposes, in particular for the needs-based design and development of their services and for tailor-made offers. The customer may restrict or prohibit the use of his data for marketing purposes.

- stores his data and the data generated during use in Switzerland and/or Germany.


Provision of services together with third parties

If a service is provided by CLEMAP together with third parties, CLEMAP may pass on data about the customer to third parties insofar as this is necessary for the provision of such services.


Intellectual property

CLEMAP products are protected by intellectual property rights. For the duration of the contract, the customer receives the non-transferable, non-exclusive right to use and exploit the products. The content and scope of this right are set out in the contractual documents.

All intellectual property rights in CLEMAP's products, whether existing or arising from the performance of the contract, shall remain with CLEMAP or its licensors.

The Customer may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. The customer may not reproduce the software or allow the software to be accessed through a forum on a public computer or through distribution using "shareware". In particular, the Customer may not remove any reference to the ownership of rights of CLEMAP or its partners, use the CLEMAP trademark without permission, sell, assign or sublicense the Software.

Warranty


Interruptions / malfunctions

 CLEMAP strives to ensure high availability of its services. However, CLEMAP cannot guarantee that its infrastructure and services will function without interruption or disruption.


Networks and services of third parties

CLEMAP takes precautions to protect its infrastructure from third-party intervention. However, CLEMAP cannot guarantee that the infrastructure is fully protected against unauthorised access and that no malicious software will interfere with the service.


Refund warranty

A 14-day money back guarantee applies to equipment purchased by the customer from CLEMAP. However, items can only be returned undamaged.


Warranty on sensors

Warranty: CLEMAP AG is only responsible for defects which have already existed at the time of the transfer of risk to the customer.

At CLEMAP's request, the customer must return the goods complained of to us in their original or equivalent packaging at the customer's expense in order to inspect the defect complained of. In the event of a justified notice of defect, we will reimburse the shipping and transport costs incurred by the customer to the customer.

In the event of a delivery of defective goods, the customer shall be entitled at our discretion to a replacement delivery of non-defective goods or subsequent improvement. Reduction and rescission as well as all claims for direct and indirect damages are - as far as legally possible - excluded.

For used goods the warranty is excluded and for new goods this is 2 years.


Links to websites and services of third parties

The CLEMAP website may contain links to third party websites which are not under the control of CLEMAP. CLEMAP is not responsible for the content of any linked site or any products offered by a linked site, or any link contained in a linked site, or any changes or updates to such sites. CLEMAP provides these links to the Customer for informational purposes only, and the inclusion of any link does not imply endorsement, guarantee or responsibility by CLEMAP of the content or products on any third party website.Liability

Liability

General liability provisions

CLEMAP shall be liable for proven damage in the event of breaches of contract, unless CLEMAP proves that it is not at fault. CLEMAP shall not be liable for damages resulting from slight or medium negligence. In the remaining cases, CLEMAP will, as far as legally permissible, only replace material damage and financial loss up to the maximum value of the services purchased during the last contract year and will, as far as legally permissible, exclude liability for consequential damage, loss of profit, loss of data and damage resulting from downloads.


Force majeure

CLEMAP shall not be liable if the performance of the service is temporarily interrupted, wholly or partially limited or impossible due to force majeure. Force majeure includes, in particular, power failures and the occurrence of harmful software (e.g. viruses).


Legal or contractual use / abuses

CLEMAP shall not be liable for any damages resulting from the use of its services in violation of the law or the contract. If there are any signs of conduct contrary to the law or to the contract, CLEMAP may require the customer to use its services in accordance with the law and the contract, change, restrict or discontinue the provision of its services without prior notice, terminate the contract without notice and compensation and, if necessary, demand compensation and indemnification from third parties.

If the customer infringes intellectual property rights of third parties and CLEMAP is held liable, the customer must indemnify CLEMAP. CLEMAP cannot be held responsible for misuse and damage by third parties.


Remote access

CLEMAP shall not be liable for any damage to the customer's infrastructure occurring after remote access unless it can be proven that this was caused by CLEMAP's remote maintenance.


Duration and termination

The customer can terminate the services at any time

CLEMAP has the right to terminate a user account if the customer has not accessed it for more than 90 days or if CLEMAP decides to discontinue the service in whole or in part.

In addition, CLEMAP may terminate, block and/or delete the Customer's user account without prior notice in the event of a breach of these Terms and Conditions. The same applies in the event of inaccurate or incomplete information provided by the Customer when concluding a contract or placing an order.

The Customer may not help other users who have violated these conditions to gain access to the Service.

The Customer agrees that, in the event of termination of his account, he shall cease all use of the Service and the Client Software, delete any Client Software he has downloaded and installed on a computer, hard disk or other storage device under his control, and refrain from accessing the Network or using any other user account to access the Network again.

CLEMAP is under no obligation to retain any data obtained from the Customer's provision of the Service until the termination of the Agreement. For capacity reasons, CLEMAP may delete data in advance. The storage in an uncanceled relationship is guaranteed for at least one year in each case. The data will be deleted at the latest upon termination of the contract, irrespective of the reasons or the authorship of the termination, or the link between this data and the customer will be removed and used anonymously for various purposes.


Amendments

CLEMAP reserves the right to modify these terms and conditions, the warranty and the safety notice at any time. CLEMAP will inform its customers in advance of any material changes in an appropriate manner.

If the customer does not agree with the changes, he is free to terminate the services at any time, immediately and without cost consequences.

 

Jurisdiction and applicable law

The contract is subject to Swiss law. Place of jurisdiction is Zürich. Mandatory jurisdictions remain reserved.