JUWEL Aquarium App (MyJUWEL App)
§ 1 Subject Matter, Contractual Partner, and Applicability
1.1 JUWEL Aquarium AG & Co. KG ("JUWEL Aquarium") provides users with the MyJUWEL App exclusively based on the following terms of use. The contractual partner of the user regarding the use of the MyJUWEL App is exclusively JUWEL Aquarium.
1.2 Specifically, neither Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, nor any company affiliated with Apple Distribution International, is a contractual partner in this usage agreement for the MyJUWEL App. The same applies to Google Ireland Limited, located at Gordon House, Barrow Street, Dublin 4, Ireland.
1.3 By downloading the MyJUWEL App, the user agrees to these terms of use.
1.4 Deviating terms and conditions of a potential user are only valid if expressly accepted in writing or in text form by JUWEL Aquarium.
§ 2 Description of the MyJUWEL App
2.1 With the MyJUWEL App, the user can control and configure devices from JUWEL Aquarium, as well as define automatic processes for and with one or more such devices.
2.2 The MyJUWEL App is designed exclusively for controlling JUWEL Aquarium devices and is provided for use solely for this purpose ("intended use").
2.3 Only functions provided by the individual devices can be controlled and configured via the MyJUWEL App.
2.4 The MyJUWEL App can be used both on the user's local network and remotely over the internet. For remote use, an internet connection provided by the user is required, which may incur costs.
2.5 Details of the MyJUWEL App's functionality can be found in the description of the MyJUWEL App within the Apple App Store and Google Play Store and depend on the JUWEL Aquarium devices being controlled. Reference is made to the product description of the respective smart JUWEL Aquarium devices.
2.6 All device control is encrypted.
2.7 The basic functions of the MyJUWEL App ("basic functions") can be used without the user registering with JUWEL Aquarium or creating a user account. However, registration within the MyJUWEL App is required for using the extended functionality (see product description within the Apple App Store and Google Play Store) (see below under Section 3).
§ 3 Registration / User Account
3.1 The user has the option to register as a user within the MyJUWEL App free of charge, i.e., to create a user account ("registration"). As long as the user only wants to use the basic functions, registration is not required. However, if the user wants to use the extended functionality, prior registration as a user is required.
3.2 User registration is done exclusively through the MyJUWEL App.
3.3 As part of the free registration, the user must provide the required information truthfully and completely. In particular, the user is obliged to treat their personal access data confidentially and not make it accessible to unauthorized third parties.
3.4 The user submits their registration request by clicking the "Register for Free" or "Register" button. Confirmation of receipt of the registration follows immediately after submitting it, but this does not constitute acceptance of the application by JUWEL Aquarium. Acceptance of the registration is separately communicated to the user via email. There is no entitlement to conclude a registration.
3.5 Each user is only entitled to maintain one registration at a time. JUWEL Aquarium reserves the right to delete multiple registrations.
3.6 To register, it is necessary to provide an email address and a password.
3.7 The user's account stores the installed devices, configured aquariums, and rooms of the user, enabling later recovery and transfer to other devices.
3.8 The user can delete their user account at any time via the "Delete Account" link in the settings of the MyJUWEL App.
§ 4 Technical Requirements
4.1 To use the MyJUWEL App, the user needs a device that meets the current system and compatibility requirements of the MyJUWEL App ("technical requirements").
4.2 The current technical requirements can be found in the description of the MyJUWEL App within the Apple App Store and Google Play Store. From time to time, it may be necessary for JUWEL Aquarium to adapt the MyJUWEL App to technological developments (e.g., to maintain compatibility or security of the app). If so, corresponding updates or modifications to the MyJUWEL App will be provided via the Apple App Store and Google Play Store.
4.3 The user is solely responsible for meeting the current technical requirements. For this purpose, the user should regularly inform themselves about any available updates in the Apple App Store and Google Play Store. Maintenance of the functionality, compatibility, and security of the MyJUWEL App can only be ensured through appropriate updates to the app, which the user must perform (downloading updates via the Apple App Store and Google Play Store).
4.4 Modifications to the app provided by JUWEL Aquarium (updates/upgrades, etc.) are subject to the terms of these terms of use.
§ 5 Grant of Rights
5.1 In the relationship between the user and JUWEL Aquarium, JUWEL Aquarium holds all rights to the MyJUWEL App.
5.2 JUWEL Aquarium grants the user, upon acceptance of these terms of use ("usage agreement"), and for the duration of the usage agreement, a simple, non-exclusive, spatially unrestricted right to use the MyJUWEL App (object code) for the intended purpose by the user. The right of use is limited to reproducing the MyJUWEL App to the extent necessary for its intended use on a user's device. To the extent explicitly permitted by the applicable terms of use of the Apple App Store or Google Play Store, the right of reproduction extends to these devices.
5.3 Beyond the scope outlined in Section 5.2, reproduction is prohibited. This does not apply if such actions are permitted to the user by mandatory statutory provisions (§ 69d, e UrhG).
5.4 Without permission from JUWEL Aquarium, the user is not entitled to publicly reproduce or make accessible the MyJUWEL App or to transfer it to third parties, especially to sell or rent it out. The granted usage rights are neither transferable nor sublicensable.
5.5 Decompilation or modification of the MyJUWEL App is only permitted if the conditions and requirements specified in § 69e (1) UrhG are met. The information obtained through this process must not be used or disclosed contrary to the provisions of § 69e (2) UrhG.
§ 6 Liability
6.1 If JUWEL Aquarium is liable for damages under applicable law that were caused by slight negligence, JUWEL Aquarium's liability is limited as follows:
Liability exists only for breach of essential contractual obligations arising from the use of the MyJUWEL App, such as those obligations that are imposed on JUWEL Aquarium by the content and purpose of the contract or whose fulfillment is a prerequisite for proper contract performance, which the user regularly relies on and can trust. This liability is limited to the foreseeable typical damage at the time the contract was concluded.
6.2 The liability of JUWEL Aquarium for defects existing at the time of contract conclusion (§ 536a (1) BGB) is excluded.
6.3 Regardless of fault by JUWEL Aquarium, any liability of JUWEL Aquarium arising from assuming a guarantee, a warranted characteristic, or a procurement risk, as well as under the Product Liability Act (ProdHaftG) or other applicable product liability laws, remains unaffected. The same applies if JUWEL Aquarium has fraudulently concealed a defect.
6.4 The personal liability of the legal representatives, agents, and employees of JUWEL Aquarium for damages caused by slight negligence is excluded.
6.5 The aforementioned limitations of liability and exclusions of liability do not apply to damages resulting from grossly negligent or intentional breach of duties by JUWEL Aquarium, its legal representatives, or its agents, nor in cases of injury to life, body, or health.
6.6 In cases of intentional or grossly negligent breach of duties, JUWEL Aquarium is liable – regardless of the legal basis – according to statutory provisions.
§ 7 Support
For questions regarding the MyJUWEL App, users can inquire and find answers in the support section of juwel-aquarium.de. The user has no entitlement to corresponding support.
§ 8 Data Protection
In processing personal data, JUWEL Aquarium strictly adheres to the relevant statutory provisions. Further information on the processing of personal data in connection with the MyJUWEL App can be found in the respective privacy policy at LINK TO DSV-APP.
§ 9 Final Provisions
9.1 German law applies to contracts between JUWEL Aquarium and the user, excluding the UN Convention on Contracts for the International Sale of Goods. The legal provisions regarding the limitation of choice of law and the applicability of mandatory provisions, particularly those of the state where the consumer has their habitual residence, remain unaffected.
9.2 If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and JUWEL Aquarium is the registered office of JUWEL Aquarium.
9.3 In the event of the legal invalidity of individual provisions, the remaining parts of the contract remain binding. In place of the invalid provisions, the relevant statutory provisions shall apply to the extent available. If this would represent an unreasonable hardship for one party to the contract, the entire contract shall be deemed invalid.
9.4 Notice pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG): JUWEL Aquarium is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the VSBG, and is not required to do so.