Terms of Use (North America Supplement: USA & Canada)
Status: July 2026
§ 1 Scope, Bracing Clause, and Priority
1.1 These Terms of Use (North America Supplement) supplement the general JUWEL Aquarium Terms of Use and apply exclusively to users who download, install, or use the MyJUWEL App within the United States of America or Canada.
1.2 Bridge and Priority Clause: In the event of any discrepancy, conflict, or ambiguity between the provisions of the general Terms of Use and this Supplement, the terms of this Supplement shall take precedence and exclusively govern for users residing in the United States and Canada. In all other respects, the general Terms of Use remain fully in effect.
1.3 Neither Apple Inc., Apple Distribution International, nor Google LLC / Google Ireland Limited are parties to these Terms of Use, nor do they assume any liability or responsibility for the MyJUWEL App, its maintenance, or its content.
§ 2 Distribution and Authorized Use
2.1 The MyJUWEL App is provided solely to enable the remote and local configuration and control of authorized smart JUWEL Aquarium devices (such as lighting units, automatic feeders, and pumps).
2.2 In the United States and Canada, product distribution, hardware sales, and primary customer support are managed in cooperation with designated North American partner entities. However, the contractual partner for the provision and licensing of the MyJUWEL App remains exclusively JUWEL Aquarium AG & Co. KG.
§ 3 User Accounts, Registration, and Security
3.1 While basic application functions can be accessed without registration, advanced remote features and custom device configurations require the creation of a free user account.
3.2 Users are solely responsible for maintaining the strict confidentiality of their account credentials and password. Any activity conducted under a user's account is the sole responsibility of the account holder.
§ 4 Local Device Permissions (Wi-Fi and Bluetooth)
The app requires local device permissions for Wi-Fi and Bluetooth to establish direct communication with your aquarium hardware during setup. Users acknowledge that these permissions are utilized strictly for local network discovery and that no persistent location tracking or server storage of geographic coordinates takes place.
§ 5 Limitation of Liability, Disclaimer of Warranties
5.1 DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MYJUWEL APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2 LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED UNDER U.S. STATE LAWS AND CANADIAN PROVINCIAL LEGISLATION, JUWEL AQUARIUM AG & CO. KG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE MYJUWEL APP.
5.3 Nothing in these Terms of Use shall operate to exclude or limit liability that cannot legally be excluded under mandatory consumer protection laws in the user's local jurisdiction of residence.
§ 6 Governing Law, Mandatory Arbitration, Class Action Waiver, and Arbitration Opt-Out
6.1 Governing Law: For consumers residing in the United States or Canada, mandatory local statutory protections and consumer rights laws of their respective state or province of residence shall apply where legally mandated. Otherwise, and to the maximum extent permitted by law, these Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
6.2 Agreement to Arbitrate: To the maximum extent permitted under applicable law, any dispute, claim, or controversy arising out of or relating to these Terms of Use or the use of the MyJUWEL App shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.
6.3 Class Action Waiver: You and JUWEL Aquarium AG & Co. KG agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and JUWEL Aquarium agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
6.4 Arbitration Opt-Out: You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: JUWEL Aquarium AG & Co. KG, Karl-Göx-Str. 1, 27356 Rotenburg (Wümme), Germany, or via email to privacy@juwel-aquarium.de, within 30 days of first accepting these Terms of Use. Your notice must include your name, residential address, email address used for your app account, and an unequivocal statement that you want to opt out of this arbitration agreement.