Terms & Conditions

Logamatic TC100 of Buderus Terms and Conditions

Last updated: (12.2018)

These are the Terms and Conditions of the Buderus Logamatic TC100 (“Terms”).

Article 1 – Definitions

Bosch Thermotechnik GmbH (“Bosch”)provides: software that can be downloaded to the Customer’s smartphone, tablet or smartwatch (Logamatic TC100 App “MyMode”), a web portal with detailed information about the Logamatic TC100 products including the instructional manuals and videos (“Logamatic TC100 Website”), services accessible through the Logamatic TC100 App and Logamatic TC100 Website (“Logamatic TC100 Services”), for use with the smart thermostat supplied by Bosch ("Logamatic TC100”), in its current version consisting of the hardware (“Product”) and pre-installed firmware (“Logamatic TC100 Firmware”).

The Logamatic TC100 is a smart thermostat with various functions via which the Customer is able to control a heating, ventilation and air conditioning system (“HVAC system”) and view and manage its energy consumption levels.

The term “Customer” in these Terms is referring to any person or entity who accesses or uses the Logamatic TC100 and its related Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services.

The term “Accessories” in these Terms refer to products that can be connected and operated together with the Logamatic TC100. Accessories shall consist of products offered by Bosch.

The term “Third Products” in these Terms refer to a product or services provisioned by a third party that can be connected and operated together with the Logamatic TC100. Third Products are not provisioned by Bosch.

The term “Logamatic TC100 Credentials” in these terms refer to the credentials necessary to connect Logamatic TC100 Services or Third Products with the Logamatic TC100.

Article 2 – Applicability

By accessing or using the Logamatic TC100 App, Logamatic TC100 Website and/or Logamatic TC100 Services, the Customer agrees to be bound by the Terms. If the Customer does not agree to the Terms, then it will not be able to use the Logamatic TC100 in combination with the Accessories, Logamatic TC100 App, Logamatic TC100 Website, Logamatic TC100 Services and Third Products.

The purchase of the Logamatic TC100 is subject to the Bosch warranty terms and can be subject to the specific terms and conditions of sale.

For Accessories and Third Products, additional terms and conditions may apply that contain specific provisions regarding these relevant Accessories and Third Products.

Any invalidity of one or more provisions of the Terms does not affect the validity of the remaining provisions.

Article 3 – Right of use and access

Bosch grants the Customer a non-exclusive, non-transferable right of access and of use of the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services (without the right to sub-license). The ownership of the Logamatic TC100 App, Website and Services remains at Bosch at all times. Any other use of the Logamatic TC100 App, Logamatic TC100 Website and Services beyond the purpose for which they are made available (including data collection or other interactions on data, the provision of services to third parties) is prohibited, unless expressly stated otherwise by Bosch.

The Customer shall not support or help in the reverse engineering, decompiling, modifying, or derive any derivative products or functionalities from the Logamatic TC100 and related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services.

The Customer shall ensure the hardware and environment configuration (operating system, compatible systems and smart devices, internet access and availability through a permanent and stable Wi-Fi, etc.) for use of the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services is as specified by Bosch and according to the information available on the Logamatic TC100 Website and in the Logamatic TC100 manual.

Without prejudice to the privacy provisions, and to the extent that the Customer’s data is not owned by Bosch, each Customer grants Bosch, automatically and without further form, an unlimited, non-exclusive, free, worldwide, transferable and royalty-free right of use on all data or other elements generated or used by the Logamatic TC100, Accessories, Logamatic TC100 Apps, Logamatic TC100 Website and Logamatic TC100 Services, to be used for any purpose.

The Logamatic TC100 availability for sale, support and access to its Accessories, App, Logamatic TC100 Website and Logamatic TC100 Services is limited to the countries listed on the Logamatic TC100 Website (“Countries). The Customer accepts that outside the Countries the access and use of the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services may be not available, restricted or limited. The Customer shall be responsible and liable for compliance with relevant laws in the country in which the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services are accessed or used.

Bosch shall have no responsibility or liability for any damage or loss caused by the access or use of the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services outside one of the Countries.

The Customer shall indemnify Bosch against the consequences of any infringement by the Customer of these Terms.

Article 4 – System requirements

The Customer shall be responsible to ensure that all system requirements as specified in the Logamatic TC100 manual and in its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services are available and correctly configured. Among others, a broadband internet connection with enough bandwidth and a working and communicating Wi-Fi network to the Logamatic TC100 are available at the location of its installation.

The Customer shall acknowledge that a mobile device is available and compatible with the system requirements for proper access and use of the Logamatic TC100 Accessories, Logamatic TC100 App, Website and Logamatic TC100. Services. Some Logamatic TC100 Services might also require access to additional functions of the mobile device (e.g. GPS location for the geolocation Logamatic TC100 Services, etc.). These requirements are described and available on the Logamatic TC100 Website.

Article 5 – Energy monitoring

The data collected by the Logamatic TC100 and the Logamatic TC100 App on fuel (gas, oil …) and/or electricity consumptions of the appliance is for indication purposes only and is not guaranteed by Bosch in any way. The actual gas and electricity consumptions may vary depending on the Customer and the environment. From possible deviations (both above and below) no rights can be derived.

The Customer shall not use the consumption data as available in the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services for questioning energy bills from an energy supplier or network administrator or as an alternative measure to the energy meter measurements.

The potential energy savings derived from the use of the Logamatic TC100 or of its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services are dependent of a number of environmental factors for which Bosch may not be responsible for. The Customer agrees not to seek any type of compensation from Bosch in case the expected savings are not reached.

Article 6 – Responsibility for the access

The Customer is responsible for ensuring that only the Customer and/or the persons the Customer has authorized shall have access and/or use the Logamatic TC100 and its related Accessories, Logamatic TC100 App and Logamatic TC100 Services. The Customer shall keep the Logamatic TC100 Credentials confidential at all time. If there is any concern that unauthorized third parties have obtained or will obtain knowledge of the Logamatic TC100 Credentials, or if the Customer is aware of any other illegal, improper, non-contractual or other unauthorized access to or use of the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website or Logamatic TC100 Services, Bosch must be informed immediately. The list of contacts of Bosch is available on the Logamatic TC100 Website.

The Customer bear full responsibility for any use of and/or other activity on the Logamatic TC100 and its related Accessories, Logamatic TC100 App or Logamatic TC100 Services which is carried out using the Logamatic TC100 Credentials.

The Customer is liable for any loss caused by unauthorized use by third parties, unless the Customer is not to blame.

Article 7 – Third Products

Bosch may provide the Customer the possibility to connect the Logamatic TC100 to one or more Third Products that Bosch does not own nor control. The use by the Customer of Third Products is ruled by that party's own terms of service or privacy policies. Bosch encourages the Customer to read the terms and conditions and privacy policy that are applicable to the usage of Third Products before connecting it to the Logamatic TC100.

Also, before connecting the Logamatic TC100 to one or more Third Products the Customer accepts to register for an user account (“Bosch Account”) either at the Logamatic TC100 App or at the Logamatic TC100 Website and to provide the necessary information in full and correctly as requested during the registration process. If such information changes during the course of the usage relationship, the Customer shall amend the data immediately. The Bosch Account is managed and maintained by Bosch.

The Customer may decide to connect the Logamatic TC100 to one or more Third Products and may revoke at any time such connection. By revoking the access it will not be possible to use the Third Product together with the Logamatic TC100, Logamatic TC100 App and Logamatic TC100 Services.

The Customer agrees to share the necessary data to enable the connection of the Logamatic TC100 to the Third Products. These data may include the Customer personal information and the Logamatic TC100 Credentials.

After the aforementioned information has been shared with the third party, it will be covered by the third-party privacy policy and no longer falls under Bosch's privacy statement.

The Customer agrees that Bosch does not give any warranties or safeguards regarding the usage of Third Products in combination with Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services. The use of Third Products is at Customer’s own accountability and risk and is subject to conditions that are used by the third parties concerned. Bosch is not responsible for the use by the Customer of Third Products and any liability for damages arising from the use of Third Products is therefore excluded.

The Customer shall contact the supplier of the Third Product directly, unless Bosch provides support for the specific product, concerning any questions about it or if there is a problem with the operation of the Third Products.

Article 8 – Updates

Bosch may perform software updates (“Updates”) of the Logamatic TC100 Firmware and of the Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services to conduct product and service improvements (bug fixes, usability, stability and performance fixes, features upgrade, etc.).

The Customer agrees that Bosch may install the Updates automatically without giving prior notice and without the Customer’s prior permission.

In case the Updates are not possible then Bosch cannot ensure the proper usage or full functionality of the Logamatic TC100 and of the Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services.

Article 10 – Termination

The Terms shall remain effective during the time the Customer accesses or uses the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services or until the services are terminated or suspended by Bosch.

Bosch may terminate or suspend the Customer’s rights of access or use in case the Customer has violated the Terms.

Upon termination the Customer shall cease to access or use the Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services.

The access and usage of the Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services may be terminated by Bosch at any time, subject to a reasonable notice period.

Article 11 – Liability and limitation of use and access

The operation of the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services depends on a number of environmental factors (e.g. products or services of third parties, access to the internet, proper functioning of the Wi-Fi network or other communication systems and networks) beyond Bosch's responsibility and therefore its use is not intended for real-time-critical applications. Therefore, the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services are delivered without warranty as to the permanent or qualitative nature of their functionality.

Bosch shall not be liable regarding any damages or losses (e.g. data) caused by the failures and/or deferred and/or lack of accessibility to or from the Logamatic TC100 and its Accessories, Logamatic TC100 Apps, Logamatic TC100 Website and Logamatic TC100 Services.

The access to the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services may be temporarily limited or deferred due to the need to execute maintenance, repairs or security upgrades among other reasons. The Customer shall not be eligible for any indemnity in such situations. Bosch does not provide an explicit uptime guarantee.

In no circumstances shall Bosch be liable for business, consequential and/or indirect damage, including but not limited to profit and loss of revenue, loss of return and intangible damage, from the Customer. Bosch shall not be liable for any damage that may be attributed to any act or omission by the Customer or a third party engaged by the Customer.

Without prejudice to the foregoing, Bosch's liability is in all cases limited to the original purchase price of the products - or if that is less - to the amount covered by Bosch's liability insurance and paid in the particular case.

Claims under product liability laws shall remain unaffected.

In addition Bosch shall not be liable for damage suffered by Customer as far as this damage is the result of:

- The customer not using the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Website in accordance with its nature and intended purpose;

- The Customer not observing the quick install guide and operating instructions provided and other instructions as available in the Logamatic TC100 App and Logamatic TC100 Website;

- The Customer or any other party other than Bosch or third parties engaged by Bosch performing changes, repairs, relocations and/or checks of the Logamatic TC100 and Accessories;

- The Customer causing damages in connection with loss, mutilation or unusability of data stored digitally or electromagnetically or transmitted;

- The Customer causing damage, in its broadest sense, when installing or using the Logamatic TC100 and Accessories, unless this damage is caused by gross negligence or on purpose by Bosch or a third party affiliated to Bosch.

- The Customer or any other party causing damage due to short circuit, water damage, lightning strike, fire/smoke damage, power failures, interference in telecommunications connections and all other causes that cannot be faulted with Bosch or not at risk from Bosch.

Article 12 – Intellectual property

All intellectual property rights (including copyrights, software rights, database rights, patents, know-how, underlying algorithms, trademarks, logos, trade names and other commercial identifiers, and other similar rights, including registrations, requests, renewals for the whole world) in the Logamatic TC100 and its Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services belong to Bosch. This also applies to any changes to or derivative products of the Logamatic TC100.

Certain components of the Logamatic TC100 Applications include open source software, which may be third-party property (“Open Source Software”). The use of Open Source Software is governed by the terms under which the Open Source Software has been made available. The Terms do not apply to the use of Open Source Software.

Article 13 – Privacy

The Bosch privacy statement shall be available for consultation at the Logamatic TC100 App and Website and is also applicable to these Terms. The privacy statement explains how Bosch deals with the Customer Data in the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services.

The Customer agrees to the Bosch privacy statement by accessing or using the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services.

In case of contradiction, the Terms shall prevail over that of the Bosch privacy statement

Article 14 – Complaints and service

For questions or concerns regarding the Terms, the Logamatic TC100, Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services the contact information is available on the Logamatic TC100 App and Website.

If the Customer is a consumer, she/he has the right to file a claim at the Online Dispute Resolution Site of the European Commission via http://ec.europa.eu/consumers/odr/. However, Bosch will not participate in the complaint handling of such a claim via a dispute resolution body.

The Customer shall note that Bosch can only support regarding questions, malfunctions and/or issues related to the access and usage of the Logamatic TC100 and its related Accessories, Logamatic TC100 App, Logamatic TC100 Website and Logamatic TC100 Services. Excluded are all other products not provided by Bosch like the heating appliance (as long as not delivered by Bosch), Third Products or services provisioned by a third party. (e.g. a data service delivered by an internet service provider).

The support service might result in additional costs to the Customer. Information about additional costs shall be found in the Logamatic TC100 Website.

Article 15 – Right and forum choice

Under these Terms and all commitments between Bosch and the Customer, Dutch law applies, with the exception of the Dutch International Civil Code, unless otherwise determined by local mandatory law. The applicability of the United Nations Convention on Contracts for International Sale of Goods (CISG Vienna, April 11, 1980) is explicitly excluded.

If the Customer is a company, all disputes relating to or arising out of or relating to the Terms or the usage of the Logamatic TC100 App, Logamatic TC100 Website and/or Logamatic TC100 Services shall be submitted solely to the competent court in Germany. However, Bosch also reserves the right to bring disputes to the court having jurisdiction in the Customer’s domicile.