Breezonic General Terms
General Terms of Use for the Breezonic App of Eberspächer Climate Control Systems International GmbH
Issue April 2024
These Terms of Use apply to the use of the Breezonic app and the services provided thereby by Eberspächer Climate Control Systems International GmbH, Eberspächerstraße 24, 73730 Esslingen, Germany ("Eberspächer", "we", "us", "our") by you as the end user ("User") in the version valid at the time the contract is concluded in the App Store. Users can be both natural persons and legal entities.
§ 1 Range of services and availability
- The Breezonic app is a Bluetooth based app that enables the user to operate the Breezonic roof top unit from Eberspächer in a further way, in addition to the control panel of the Breezonic roof top unit (or other operating options, if applicable) (e.g. starting immediate operation, setting the temperature & climate control modes, light & timer operation), or to receive an error notification with error code in the event of a fault (hereinafter collectively referred to as "services"). Detailed information about the services provided can be found in our service description. The app is free of charge.
- Eberspächer does not process any personal data. No registration or Eberspächer account is required.
- In order to download and install our app from an app store (Google Play, Apple App Store), you must first register for a user account with the provider of the respective app store and conclude a corresponding licence agreement. We have no influence on the content of this contract, in particular we are not a party to such a licence agreement. When downloading and installing the app, the necessary information is transmitted to the respective provider of the app store (Google or Apple), in particular your user name, your email address and the customer number of your user account, the time of the download and the individual device identification number and, in the case of in-app purchases, payment information. We have no influence on this data collection and we are not responsible for it. We only process the data provided to the extent necessary for downloading and installing the app on your device. This data is not stored beyond this. In the case of Android, the operating system manufacturer specifies that a location query is made at least once for Bluetooth use; this is not stored or further processed by us.
- There is no entitlement to uninterrupted use of free services. There is no warranty that access to or use of the Breezonic app will not be interrupted or impaired by maintenance work, further developments or other disruptions, which may also lead to loss of data. We strive for trouble free use of the Breezonic app. However, temporary restrictions or interruptions may occur due to technical disturbances (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines). In this case, the Breezonic roof top unit must be operated using the display or, if necessary, other operating options.
- No mobile phone connection is required to operate the Breezonic roof top unit using the Breezonic app, but a Bluetooth connection between the Breezonic roof top unit and your smartphone is required. Your Bluetooth connection is beyond the control of Eberspächer. The use of Bluetooth is at your own risk, it is recommended to comply with the usual safety standards, e.g. regular updates of the operating system, pairing devices outside the range of third-party Bluetooth devices.
§ 2 Use of the app
- To operate the Breezonic roof top unit via the Breezonic app as a user, you must be of legal age or under the supervision of an adult.
- The Bluetooth connection between the Breezonic roof top unit and the Breezonic app can be started via the control panel of the Breezonic roof top unit. A maximum of 3 Breezonic apps can connect to the Breezonic roof top unit. If different commands are used, the last command takes priority.
§ 3 Responsibility for enabling the connection of the Breezonic app with the Breezonic roof top unit
It is your responsibility to ensure that access to the Breezonic app and control of the Breezonic roof top unit using the Breezonic app is carried out exclusively by you or bypersons authorised by you. If there is a risk that unauthorised persons have gained access or you wish to withdraw a person's control rights, reset the connection on the Breezonic roof top unit by pressing and holding the minus button (delete the Bluetooth list of previously connected smartphones).
§ 4 Scope of authorised use
- Your authorisation of use is limited to the use of the available services within the framework of the provisions of these terms of use.
- You are responsible for creating the technical requirements (in particular hardware) necessary for the contractual use of the services in your area of responsibility. We do not owe any advice in this regard.
- The user must observe and comply with the relevant operating instructions (manual) when controlling the Breezonic roof top unit via the Breezonic App. If the user releases the control of the Breezonic roof top unit for third parties, he is obliged to instruct the third parties in the use of the Breezonic App and Breezonic roof top unit and to instruct them on the proper use.
§ 5 Termination of use
You can delete the Breezonic app from your devices at any time and use the Breezonic roof top unit exclusively via the control panel or any other available operating
options.
§ 6 Limitation of liability
- In the context of the use of free services, our liability for slightly negligent breaches of duty is excluded, unless damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfilment of which makes the proper execution of the user relationship possible in the first place and on the observance of which the user may regularly rely, remains unaffected. The same applies to breaches of duty by our vicarious agents.
- Eberspächer is not liable for damage caused by improper operation of the devices controlled via the Breezonic app.
- Insofar as our liability is excluded or limited in accordance with these provisions, this shall also apply to the liability of our executive bodies and vicarious agents, in
particular our employees.
§ 7 Amendment of these Terms of Use
- Eberspächer reserves the right to amend these Terms of Use at any time with effect for the future, including within existing contractual relationships. We will inform the user of such changes when the app is started at least 6 weeks before the planned entry into force of the changes. The user must declare their consent to the amended terms and conditions in the app within the deadline, otherwise it will no longer be possible to use the app after the deadline has expired. The user can then control his Breezonic roof top unit using the other operating options or reinstall the app at any time.
- Only editorial changes to these terms of use, i.e. changes that do not affect the contractual relationship, such as the correction of typing errors or links, will be made without notifying the user.
§ 8 Change of services, price changes
- We are authorised at any time to change services provided free of charge (e.g. via updates), to make new services available free of charge or for a fee and to discontinue the provision of free services. We will take your legitimate interests into account in each case.
- During an update, use is not possible or only possible to a limited extent.
§ 9 Final provisions
- Detailed information on Eberspächer as the operator of the app can be found at https://www.eberspaecher-climate.com/imprint
- German law shall apply to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods. In the case of contracts for a purpose that cannot be attributed to your professional or commercial activity (contract with consumers), this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
- If you are a merchant, the exclusive place of jurisdiction is the registered office of Eberspächer. However, Eberspächer is also entitled to take legal action at your place of business.
Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall be obliged to cooperate in the creation of provisions which come as close as possible to the economic effect of the invalid provision. The above shall apply accordingly to the closing of any contractual loopholes.