Nutzungsbedingungen

By downloading the KLAFS Sauna App software application from the respective App Store (Apple App Store and Google Play Store), a contract for the use of the KLAFS Sauna App is concluded between you and KLAFS GmbH.

1. Provider

   The provider of the KLAFS Sauna App is KLAFS GmbH, Erich-Klafs-Straße 1-3, 74523 Schwäbisch Hall, info@klafs.de (hereinafter referred to as "Provider").

2. Functions and services of the KLAFS Sauna

   1. The KLAFS Sauna App allows you to control your KLAFS sauna and sanarium. You can find out the specific functions available in the KLAFS Sauna App itself.
   2. Please note that the use of certain functions of the app requires an existing data connection between your mobile device and your sauna or that this is established by using these functions. An Internet connection is required to control the KLAFS sauna and sanarium, for which costs may be incurred with your Internet provider.



3. Registration procedure

   You create an account via the registration dialog of the KLAFS Sauna App. When registering the account, enter your username, e-mail address and password. As soon as the registration is confirmed by e-mail, you can log in as a registered user on the start page of the KLAFS Sauna App.




4. Sauna control procedure

   Once you have created an account, your KLAFS sauna or sanarium is connected to the KLAFS Sauna App by adding the username in the control unit configuration. After this one-off connection, the KLAFS Sauna App and the customer's KLAFS sauna or sanarium cabin(s) communicate via WLAN via a KLAFS server. You may only use the KLAFS Sauna App if the KLAFS safety concept ASC is available and functional.




5. Participation / costs

   Both registration and use of the KLAFS Sauna App are free of charge, but you will be charged by your internet provider. To use the KLAFS Sauna App to control KLAFS sauna, SANARIUM® and infrared cabins, the KLAFS sauna control unit with WLAN module is required.




6. Rights of use of the KLAFS Sauna App

   1. By downloading the app, the provider grants you a free, non-exclusive, non-transferable and non-sublicensable right to use the KLAFS Sauna App for the purposes specified in these Terms of Use.
   2. You are not permitted to copy, distribute or otherwise make the KLAFS Sauna App available to third parties or to use it in any other way reserved for the respective author(s). You are not entitled to modify the program code of the KLAFS Sauna App or parts thereof, to reverse engineer, decompile, disassemble or otherwise determine the source code or to create derivative works from it. The provisions of §§ 69d, 69e UrhG (German Copyright Act) remain unaffected by this.
   3. The above conditions also apply to all updates/upgrades and program supplements for the KLAFS Sauna App, which are made available to you for download by the provider via the respective App Store, insofar as these are not the subject of a separate license agreement. In this case, only the provisions of the license terms applicable to the respective update/upgrade or program supplement shall apply.
   4. The KLAFS Sauna App may contain individual components or modules ("third-party software") that are licensed by third parties under an open source license. Further information and the applicable license conditions for this third-party software are contained in the OSS license conditions . The use of this third-party software is subject to the provisions stated therein.
   5. You expressly agree to the following license terms for third-party software:
      1. The Code Project Open License (CPOL 1.02), available at https://www.codeproject.com/info/cpol10.aspx, see also OSS Lizenzbedingungen
      2. MICROSOFT SOFTWARE LICENSE TERMS - MICROSOFT .NET LIBRARY, available at https://www.microsoft.com/web/webpi/eula/aspnetcomponent_rtw_enu.htm



7. Breach of these Terms of Use

   You undertake vis-à-vis the Provider to use the KLAFS Sauna App only for purposes that do not violate these Terms of Use or applicable German law or infringe rights. We reserve the right to refuse the registration and participation of persons for good cause and to exclude a user from further registration and participation in the event of misuse. This applies in particular in the event of a breach of these terms of use, the transmission of false personal data and to persons who are suspected of using unauthorized aids during registration, circumventing the KLAFS ASC security concept or otherwise attempting to harm the KLAFS Sauna App. You will be informed before an exclusion and granted the right to submit a statement.




8. Limitations of liability

   1. We will provide the service with reasonable care. The provider shall only be liable for material defects and defects of title, regardless of the legal grounds, if the provider has fraudulently concealed the respective material defect or defect of title. Otherwise, the provider, its legal representatives and vicarious agents shall only be liable for the provision of the software free of charge in the event of intentional or grossly negligent misconduct. The aforementioned limitations of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) or in the event of the assumption of a guarantee or culpable injury to life, limb or health.
   2. Insofar as the liability of the provider is excluded or limited according to these provisions, this also applies to the liability of the bodies, vicarious agents and assistants, including the employees of the provider.
   3. The provider gives no assurances or guarantees with regard to the provision of the service. The KLAFS Sauna App merely offers additional help voluntarily provided by the Provider to control individual products of the Provider. The use of the app does not guarantee any specific functionality.



9. Availability

   The availability of the KLAFS Sauna App may be interrupted for necessary maintenance and servicing measures. The provider is solely responsible for maintenance and support with regard to the KLAFS Sauna App.




10. Final provisions

    1. Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. In this case, ineffective provisions shall be replaced by effective provisions that come as close as possible to the purpose of the ineffective provisions. The same shall apply in the event of any loopholes.
    2. The terms and conditions are subject to German law.
    3. The provider reserves the right to amend or extend these terms of use at any time and to cancel or discontinue the KLAFS Sauna App without giving reasons if proper implementation can no longer be guaranteed for legal or factual reasons. In this case, there is no entitlement to notification or compensation.



11. Additional terms for the iOS version of the KLAFS Sauna App

    The following terms apply to the purchase of the KLAFS Sauna App via the Apple App Store and the use of the KLAFS Sauna App under the iOS operating system:

    1. Provider, as the publisher of the KLAFS Sauna App, is solely responsible for the maintenance and support of the KLAFS Sauna App in accordance with these Terms of Use. Apple assumes no obligation to provide any maintenance and support services with respect to the KLAFS Sauna App.
    2. In the event of malfunctions of the KLAFS Sauna App, you are free to inform Apple. To the extent permitted by law, Apple has no further obligations due to malfunctions of the KLAFS Sauna App.
    3. Apple is not responsible for any claims by you or any third party relating to the App or its possession or use, including
       1. product liability claims,
       2. claims on the basis that the App fails to comply with any applicable legal or
       3. regulatory requirements; and
       4. claims under consumer protection, data protection or similar laws.
    4. In the event that any third party asserts a claim that the KLAFS Sauna App or your possession or use of the KLAFS Sauna App infringes any Intellectual Property Rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any such Intellectual Property Rights infringement claim.
    5. By accepting these Terms of Use, you acknowledge,
       1. that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" region; and
       2. that you are not listed as a "Prohibited or Restricted Party" by the Government of the United States of America.
    6. You acknowledge and agree that Apple is a third party beneficiary under these Terms of Use and therefore Apple may enforce these Terms of Use against you. The modification and termination of these Terms of Use, including Apple's rights hereunder, are reserved by the parties and do not require Apple's consent.