General terms of use for the Synced Home Appliance Account
1. Basis of Agreement
The Home Connect GmbH, Carl-Wery-Strasse 34, 81739 Munich, Germany ("Operator") hereby provides you the Synced Home Appliance Account free of charge for personal use for the digital service(s) provided via the Synced Home Appliance Account. Further information on the Operator can be found in the imprint of Home Connect GmbH. We also inform you about the data processing under the Synced Home Appliance Account in a specific Data Protection Information (“DPI”) which is provided to you separately.
Please be aware, that for the use of the Home Connect app, the user will - when pairing a Home Appliance - need also a Home Connect Account in addition to the Synced Home Appliance Account. This Home Connect Account also requires the acceptance of separate terms of use and for which a specific Data Protection Information for the Home Connect App will be given.
These Synced Home Appliance Account general terms of use (hereinafter named as "General Terms of Use" or “Agreement”) shall be in force between you as the user of the Synced Home Appliance Account and the Home Connect GmbH as Operator of the same. Only the Operator will be your contractual partner in regard to the Synced Home Appliance Account. Once you have completed the registration, these General Terms of Use shall form the binding contractual basis for using the Synced Home Appliance Account. You may consult and save these General Terms of Use in the Synced Home Appliance Account under the link provided to you. The language version of the country you select in the registration process applies. In countries with several national languages, the Operator can offer several language versions.
2. Requirements for use
To allow you to register for and use the Synced Home Appliance Account, the following conditions have to be fulfilled at the time of registration:
- you are a private consumer and at least 18 years old,
- you registered for a SingleKey ID (a single-sign-on service of one of Operator’s affiliated companies) if you register via website, see Section 3,
- you use the same e-mail-address for registration as you used for SingleKey ID Registration and have access to this e-mail-address,
- you register in a country where the Operator offers the Synced Home Appliance Account.
The Synced Home Appliance Account can only be used with websites and/or apps or other touchpoints, where the Synced Home Appliance Account was enabled. The Synced Home Appliance Account does not work with other touchpoints, even if the SingleKey ID would work on such touchpoints (e.g. a website).
By registering for the Synced Home Appliance Account, you acknowledge that you are not a permanent resident of any state that is subject to U.S. embargo regulations, has not been designated by the U.S. Government as a terrorist supporting state, and are not personally on a U.S. Government list of prohibited or restricted parties.
3. Registration process and transfer of existing MyAccounts
The use of the Synced Home Appliance Account requires the creation of a Synced Home Appliance Account (registration). The Synced Home Appliance Account is personalized and non-transferable. For the creation of a Synced Home Appliance Account, you generally need to provide, as a minimum, your first and last name, the country, your email address (via SingleKey ID) and a SingleKey ID registration as the login credentials for your (new) Synced Home Appliance Account. You may have to provide different details in some countries.
Before completing the registration process, the registration data you entered will be displayed again. Here you can correct possible input errors. Upon activation of the user account, the user Agreement is concluded.
If the registration via a single-sign-on service ("SingleKey ID") of one of Operator’s affiliated companies is already offered in your country, the login credentials of SingleKey ID will be used within the registration process. If you do not have a SingleKey ID Account, you will first need to create such a SingleKey ID in order to create a user account for the Synced Home Appliance Account. Responsible for providing this single-sign-on service is Bosch.IO GmbH, Ullsteinstrasse 128, 12109 Berlin, Germany ("BIO"). Separate terms of use of BIO apply for this single-sign-on service. You can start the registration process for the Synced Home Appliance Account only with such SingleKey ID. Despite that, the registration process is as described above after you have created such SingleKey ID.
If you have existing myAccount(s), you will be offered to migrate such myAccount(s) to the Synced Home Appliance Account. Within that process, you can migrate all you existing myAccounts and all relevant data (e.g. registered products, open orders/service cases and similar) contained in the existing myAccount(s) will be migrated to the new Synced Home Appliance Account. This will synchronise all your data under the new Synced Home Appliance Account. Please be aware, that if your existing myAccount(s) have differing e-mail addresses, the synchronisation will be only successful, if have available the e-mail address connected to you SingleKey ID for all migrated accounts during migration (as there will be a verification e-mail sent). You can also choose not to migrate one or more existing myAccount(s), but in this case you will not be able to synchronize such data to your Synced Home Appliance Account. For security reasons, the login credentials for the existing myAccount(s) have to be entered, before the migrations starts. Before completing the migration process, the data which will be migrated will be displayed again. Here you can correct possible errors.
4. Logging in to your user account
You are required to keep your password private; do not reveal it to third parties. If you lose your password or if you suspect that a third party has gained access to it, you are obliged to notify the Operator immediately using the contact information provided in the Synced Home Appliance Account and to change your password. Use the "Change password" function and/or the "Forgotten your password?" function in the Synced Home Appliance Account to change your password or to create a new one.
Most functions and services offered by the Synced Home Appliance Account can only be used if you are logged into your user account. If you have successfully logged into your user account, you will remain logged in until you logout or delete the respective cookie, which allow the permanent login. The exception is if you do not perform any actions in the Synced Home Appliance Account for some time after you log in, you will be automatically logged out of your user account for security reasons. It is possible to re-login at any time. Please note that despite its convenience, not logging out of the Synced Home Appliance Account after usage increases the risk of third parties who have access to your mobile Home Appliance using the Synced Home Appliance Account without authorisation. You are liable to the Operator for any form of misuse by third parties. Exiting/closing the website/app, where you used the Synced Home Appliance Account, has no impact on your user account login status (except the respective cookie is also deleted).
Without logging into your user account, the functions and content offered via the Synced Home Appliance Account cannot be used.
5. Use of the Synced Home Appliance Account by multiple users
The Synced Home Appliance Account may not be used by multiple users, as it is designed to be a personal account only. If you need additional accounts for e.g. persons in your household, a separate Synced Home Appliance Account is to be created per personHome Appliance. As your personal e-mail-address is the unique identifier used for the setup of the SingleKey ID and the Synced Home Appliance Account, additional persons have also to use a different SingleKey ID and e-mail-address.
6. Functions and services offered by the Synced Home Appliance Account
The Synced Home Appliance Account serves to manage
• your personal data repository for all such data you provide to us or another BSH Group company you interact with (hereinafter “Home Connect Family“)
• for personal data related to the contractual or non-contractual relationship to us or another BSH Group company which is part of the Home Connect Family or
• the Appliances you have (e.g. if you have registered them at a Home Connect Family touchpoint).
Examples for such data can be your “user master data” (e.g. your name, your address), “contractual data” (e.g. purchase order(s), date of purchase, service orders, warranty extensions), “appliance master data” (e.g. the appliance identification data you provide during purchase/registration of your appliance, pairing of a connected Home Appliance), “touchpoint data” (e.g. contents of your shopping cart, content you provided via contact forms or a service call, information about gift/cashback/warranty processes) and “permissions” (e.g. data regarding a (separate) marketing permission given by you).
The functions offered by the Synced Home Appliance Account vary depending on the specific touchpoint you interact with and also of the type of the Appliance and the country in which you register your Synced Home Appliance Account. If additional features are provided for certain touchpoints/categories of Appliances, additional special terms of use and Data Protection Information may apply (e.g. for the use of connected devices, you will need an additional Home Connect App Account). In such cases, we will make them available for you before you activate the respective feature. The additional special terms of use must be accepted separately and become part of this Agreement. Both, the additional special terms of use and supplementary Data Protection Information are available under the specific internet link provided to you.
To use the features provided by the Synced Home Appliance Account, the data described above are transmitted to centrally run systems ("Synced Home Appliance Account System") via a data connection. Please refer to the Data Protection Information for further information on how data are treated.
Home Appliance
7. Data based services
In order to provide certain services through the Synced Home Appliance Account, we use data collected in connection with the Synced Home Appliance Account. For example, if you update user master data at one touchpoint (e.g. via Website or Call-Centre) your master data will also be updated and available at all other touchpoints, where you use your Synced Home Appliance Account. A detailed description of these services and the data used in this context can be found in this Agreement as well as in the Data Protection Information.
The use of the data collected will always be connected with the specific purpose, you provided the data to us or additional permissions (e.g. marketing permission) you have given to us and is limited in time, as long as the specific purpose and/or permission is valid. Please find more information in the Data Protection Information.
8. Communication preferences
Every user of a Synced Home Appliance Account can manage the individual communication preferences, especially marketing related communication, within the Communication Centre. There you can choose also whether you want further notifications e.g. for other Appliance Brands or specific areas of interest in the form of e.g. e-mail notifications or other communication channels (if available).
Following you individual settings of communication preferences and based on your user and appliance data stored in the Synced Home Appliance Account and the data transferred from connected data sources, we will provide you up-to-date on new content within the Synced Home Appliance Account and tips on handling your Appliances as well as the provision of news e.g. in relation to your registered Appliance(s). We may also contact you via the Synced Home Appliance Account as part of the services mentioned in section 7 and in the event of safety instructions and product recalls.
If you have given us your marketing consent, we can also inform you – within the scope of the consent given – via notifications for example about warranty extensions, accessories suitable for your Appliances, services to improve the performance of your Appliances or their maintenance, offers for consumables, new programs, discount campaigns as well information on partners or news.
To purchase products or services in using the Synced Home Appliance Account (e.g. a warranty extension, accessories or consumables for your Appliance), please click on the link provided by the external provider. You will be redirected to the relevant offer where you can purchase the corresponding products and/or services and where additional communication in relation to such products and services will be provided by the relevant provider.
9. Rights of use to the Synced Home Appliance Account
The Synced Home Appliance Account as well as the services and content that are included in the Synced Home Appliance Account are all copyright protected.
For the term of this Agreement, you shall be granted a non-exclusive, non-sub-licensable, non-transferable and revocable right of use to gratuitously utilise the Synced Home Appliance Account and the services and content included therein exclusively for the purposes agreed to in these General Terms of Use as well any specific terms of use and in accordance with these General and specific Terms of Use and applicable laws. In particular, you may not copy, edit, revise, amend, decompile (reverse engineering) or convert the Synced Home Appliance Account – unless otherwise permitted by mandatory laws. The rights granted to the digital content only allow the usage with the Synced Home Appliance Account. If the digital content includes downloadable information (e.g. invoices) and you have downloaded them, the right to use these digital contents shall continue to exist even after the termination of the user Agreement.
To provide the Home Connect services, you grant the Operator a non-exclusive, sub-licensable, non-transferable, worldwide right to use the uploaded content (e.g. images created by you). Such granting of rights is generally limited in time to the duration and in content to the fulfilment of the Agreement.
In addition, you must not violate the rights of third parties when using the Synced Home Appliance Account. You are responsible for all content uploaded by you to the Synced Home Appliance Account (in particular for any digital content). If you upload images that shows a person, you must obtain the consent of such persons prior to the publication of his/her image within the Synced Home Appliance Account. The Operator does not review the uploaded digital content and does not accept this digital content as its own. In this respect, you must ensure that the digital content you upload does not violate any legal prohibitions or the rights of third parties (in particular name, personality, copyright, data protection and trademark rights). In particular, you agree not to upload any digital content to the Synced Home Appliance Account that (i) is pornographic, glorifies violence, incites hatred among the general public, is harmful to minors or otherwise objectionable; (ii) relates to political activities and content that depicts political symbols; (iii) insults, defames, harasses, threatens or otherwise harms other users or other persons or presents an aggressive or provocative appearance towards them; (iv) is otherwise unlawful, indecent, obscene, vulgar, invasive of another's privacy, defamatory, libellous, or contains untrue statements of fact or defamatory statements; (v) contains software viruses or similar malicious code or is likely to contain software viruses or similar malicious code by its nature or characteristics, or by its size or distribution (e.g., spamming) are likely to restrict or jeopardize the existence or operation of the Synced Home Appliance Account (or parts thereof); (vi) are manipulated for the purpose of disguising their origin; (vii) contain advertising for the purchase or sale of products or the use or provision of services or commercial websites/blogs/etc.; or (viii) contain links or other connections to content that is impermissible according to the aforementioned criteria and/or incite violations of the aforementioned prohibitions.
If you have any complaints regarding digital content uploaded by other users, please contact us under the contact details provided in the imprint of the Synced Home Appliance Account. The Operator reserves the right to delete uploaded digital content, in particular if it violates the provisions of these General Terms of Use or the law. If the Operator suffers damage due to such digital content uploaded by you, you agree to indemnify the Operator from the resulting damages.
10. Availability of functions and services
The Operator shall make reasonable efforts to make available all of the functionalities and services offered by the Synced Home Appliance Account, including the integration of and links to third-party services. However, technical difficulties may arise, temporarily interrupting such availability. No claims may be made against the Operator, if availability is disrupted.
11. Additional services, third-party services
Additional services may be integrated into and/or provided in relation the Synced Home Appliance Account offered by the Operator and/or third parties. The use of such integrated services which are in relation to connected Appliances may need your Home Connect Account to be connected to the Synced Home Appliance Account. The use of external services generally requires your Synced Home Appliance Account to be connected to an existing user account held with the third-party service provider. An Internet connection is required to connect your Synced Home Appliance Account to your existing third-party account.
Any special terms of use defined by the Operator which apply to the use of third-party services that are either integrated into the Synced Home Appliance Account or offered externally can be found under "Integrated services" and have to be accepted separately, if applicable, before such services are used. Only the special terms of use governing third-party services which have been linked to your user account shall apply here. Please note that besides the Operator's General Terms of Use and the special terms of use for integrated and/or external services, terms of use provided by the third-party service provider may also apply. The third-party service provider shall be solely responsible for the latter.
The integration of third-party services in the Synced Home Appliance Account and/or linking to external services constitute additional functionalities, the availability of which the Operator shall not be held responsible for and the provision of which the Operator may, in principle, discontinue at any time without warning. As a general rule, the Operator is not able to check the data transmitted by the third-party service provider in terms of accuracy and completeness and therefore assumes no liability to this extent.
12. Relocation
Should you relocate to a different country, i.e. not the country where the Synced Home Appliance Account was originally registered, please note that the Synced Home Appliance Account may not be available in any country. Please be also aware, that using the Synced Home Appliance Account in another country may be subject to different terms of use and a different data protection statement.
If case of relocation the Synced Home Appliance Account is not available in your country, you may either use it for that country, for which is was originally registered or delete the account (see section18).
If, contrary to the stipulations under sections 4 and 5 of these General Terms of Use, you allow third parties to use your Synced Home Appliance Account, you will be responsible for ensuring that the Synced Home Appliance Account is used in accordance with these General Terms of Use and the applicable laws.
13. Liability
The Operator shall be liable to you, without limitation, in the case of deliberate action, gross negligence and fraudulently concealed defects for any damage caused by the Operator or its legal representatives or agents. In the case of slight negligence, the Operator shall be liable to you, without limitation, for any injury to life, limb or health. Beyond this, the Operator shall be liable to you only insofar as it has violated an integral contractual obligation, this being an obligation whose fulfilment actually enables the proper performance of this Agreement in the first place and the abidance by which you, as contractual partner, may regularly rely on. In such cases, liability shall be limited to compensation for the foreseeable, typical damage. The Operator's no-fault liability for damages for defects already existing upon conclusion of the contract (Section 536 of the German Civil Code) shall not be applicable according to Section 578b para. 1 no° 1 Germen Civil Code. The liability of the Operator in accordance with the provisions of applicable product liability law shall remain unaffected by the above provisions.
14. Warranty rights (‘Gewährleistung’)
The statutory warranty rights for digital products apply to the Synced Home Appliance Account provided by the Operator.
15. Modification of the functionalities of the Synced Home Appliance Account
The Operator reserves the right to modify the Synced Home Appliance Account beyond what is necessary to maintain the contractual compliance of the Synced Home Appliance Account. This may be the case, for example, if (i) adaptation to new technologies or product or data security requires it; (ii) certain functionalities of the Synced Home Appliance Account are no longer requested or used by a sufficiently large number of customers; (iii) misuse or damage is to be prevented; or (iv) these functionalities can no longer be offered at commercially reasonable costs. The same applies to changes that arise due to external circumstances (e.g., discontinuation or changes in services from partners; changes in the law; or a change in market situation).
If a modification has a negative impact on your use of the Synced Home Appliance Account, we will expressly inform you of this in advance within a reasonable period of time (in particular, about the characteristics and timing of the modification). An exception exists in urgent cases where the modifications serve to prevent misuse or damage, to respond to legal requirements or to ensure the security and functionality of the Synced Home Appliance Account.
If the modification impairs your ability to access the Synced Home Appliance Account or its usability for you more than insignificantly, you may terminate this Agreement for the Synced Home Appliance Account at any time free of charge in accordance with section 18.
16. Changes to the General and specific Terms of Use
The Operator shall be entitled to make changes to the General Terms of Use as well as to specific terms of use offered by the Operator for the future under the following conditions:
As a general rule, we shall inform you via the Synced Home Appliance Account and/or by email of any changes to be made to the respective Terms of Use which may impact the contractual relationship no less than six weeks before such changes are to become effective. The notification will also contain information about your right to reject the changes and the consequences that this may have. If you do not reject the changes within the period specified in the notice (usually six weeks), this shall be deemed to be your consent to the changes ("deemed consent"); we shall point this out separately in the notice. The deemed consent does not apply to a change that affects a main service of the user Agreement, if this would result in a disproportion between service and return to your disadvantage. In the event of a rejection, your user Agreement shall be continued under the terms and conditions without the changes. However, the Operator shall be entitled to terminate your user Agreement as soon as the changes become effective and to block your user account. Editorial changes to these General Terms of Use, i.e. changes that do not affect the contractual relationship, such as the correction of typographical errors, will be made without notification.
17. Using the Synced Home Appliance Account
You may not use the Synced Home Appliance Account for unauthorized (e.g. military) purposes. You are not entitled to commercially distribute or process the services, content, data and information you receive in connection with the use of the Synced Home Appliance Account. In the event of improper or unauthorized use of the Synced Home Appliance Account, the Operator may take appropriate measures, including blocking users.
18. Term and termination of the user Agreement
This Agreement runs for an indefinite period. You can terminate the user Agreement at any time. The Operator shall be entitled to terminate the user Agreement with you giving a notice period of six weeks, or less if the Operator chooses to discontinue its operation of the Synced Home Appliance Account. The right held by both contractual parties to cancel the user Agreement for a compelling reason shall remain unaffected hereby. The Operator shall have a compelling reason in particular if you are found to violate key obligations of these General Terms of Use (see e.g. sections 2, 5, 9 or 17) or the specific terms of use or if a registration has been made via the single-sign-on service mentioned in section 3 and the underlying Agreement for this single-sign-on service has been terminated. In the latter case, registration in the Synced Home Appliance Account is no longer possible.
In case you like to delete your Synced Home Appliance Account, such deletion is deemed to be a termination of the user Agreement and the deletion request will be performed automatically within the Synced Home Appliance Account Systems. After deletion your Synced Home Appliance Account and the information contained therein will not be available anymore, except such data, we are obliged to keep stored as for example
• SingleKey ID account, which is to be deleted separately;
• contractual information (e.g. ongoing (service) orders, warranty extensions or such data, which we have to keep for tax and similar reasons including for safety actions);
• permissions and connected data (e.g. if a marketing permission is still given and not revoked);
• Home Connect Account for connected Household Appliances (to be deleted via the App, if you wish so);
• E-mail-address and timestamp of your deletion request (will be automatically deleted within the general retention period).
19. Right of withdrawal
As a consumer, i.e. as a natural person who concludes a legal transaction for purposes which can predominantly not be attributed to his/her commercial or self-employed professional activity, you are entitled to a right of withdrawal within fourteen days for all chargeable services offered by the Operator in the Synced Home Appliance Account. This right of withdrawal only applies to the respective services offered by the Operator in the Synced Home Appliance Account that are liable to pay costs. The purchase contract for Home Connect compatible Household Appliances or any existing right of withdrawal in this context remains unaffected.
Withdrawal information
Right of withdrawal
You have the right to withdraw from this user Agreement for the use of the Synced Home Appliance Account within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the usage Agreement.
In order to exercise your right of withdrawal, you must inform us (Home Connect GmbH, Carl-Wery-Straße 34, 81739 Munich, Germany, info.de@home-connect.com; +49 (0) 89 / 4590 01) of your decision to withdraw from this Agreement by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached template of a withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw this user Agreement, we will reimburse to you all payments we have received from you under this user Agreement, including delivery charges (other than additional charges resulting from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your withdraw of this user Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount for services subject to a charge which is equal to the proportion of services subject to a charge that have already been performed by the time you notify us of the exercise of the right of withdrawal in respect of this user Agreement in relation to the total amount of services provided under this user Agreement.
The right of withdrawal expires in the case of an Agreement for the delivery of digital content that is not on a physical data carrier even if the Operator has begun to execute the Agreement after you (i) have expressly agreed that the Operator will begin to execute the Agreement before the expiry of the withdrawal period, and (ii) have confirmed your knowledge that you will lose your right of withdrawal through your consent with the beginning of the execution of the Agreement.
Template of a withdrawal form
(If you want to withdraw the user Agreement, please fill out this form and send it back.)
To: Home Connect GmbH, Carl-Wery-Straße 34, 81739 Munich, Germany or info.de@home-connect.com
-I/we (*) hereby withdraw the user Agreement concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
-Ordered on (*)/received on (*)
-Consumer(s) name(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only for paper communication)
-Date
_________
(*) Delete as appropriate.
For services provided by partners, the withdrawal instructions of the respective partner must be observed.
20. Online dispute resolution platform, participation dispute resolution proceedings
The European Commission provides a platform for online dispute resolution (OS). The platform can be reached at https://ec.europa.eu/consumers/odr/
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and have decided against voluntary participation. If you have any complaints, questions or remarks, please feel free to contact us using the contact details listed in the imprint of the Home Connect GmbH Website.
21. Applicable law / place of jurisdiction / Severability clause
The mandatory legal provisions governing your usual place of residence shall apply. Otherwise, the law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply in any case. The place of jurisdiction for any disputes arising from or in connection with these General and any specific Terms of Use shall be Munich, Germany. Mandatory, legal places of jurisdiction shall remain unaffected.
Should any provision of these General or any specific Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
Date of issue: November 2022