The MIWE apps can be downloaded to a mobile device. The user can then use the mobile device to access the services detailed in the app description in the app store.
(1) Use of the MIWE apps is governed by these Conditions of Use, agreed between you and MIWE Michael Wenz GmbH, Michael-Wenz-Straße 2-10, 97450 Arnstein, as represented by its director Sabine M. Wenz ("MIWE Michael Wenz GmbH").
(2) Use is governed by the laws of the Federal Republic of Germany; the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
(3) These Conditions of Use do not apply to use of the MIWE unit. Use of the MIWE unit is governed by the instruction handbook and/or separate conditions of use. You must read the instruction handbook for the MIWE unit before using the MIWE apps.
(1) You can download the MIWE apps from an app store using your account. The Conditions of Use shall become binding for you and MIWE Michael Wenz GmbH as soon as you accept them through the MIWE apps. Where registration is required, the Conditions of Use shall become binding upon completion of your registration.
(2) You can view the Conditions of Use in the app store prior to download. The up-to-date conditions of use can be accessed at any time from the MIWE apps.
(3) There is a German version and a number of other language versions of the Conditions of Use. The other language versions are provided for information only. The legally binding version of the Conditions of Use is the German version. In the event of ambiguities or contradictions between the various versions, the German text shall apply. The contract may therefore only be concluded in German.
(1) The MIWE apps must be installed on a mobile device with a suitable operating system and Internet capability. Use of the MIWE apps requires a MIWE unit from MIWE Michael Wenz GmbH and a Wi-Fi network with Internet router to which the MIWE unit and the mobile device are connected. If you wish to use the MIWE apps outside the range of the Wi-Fi network at the site of the MIWE unit, another mobile data connection is required for the mobile device. You may also need an active data connection between the MIWE app and the MIWE Web Portal. You are responsible for bearing the costs of maintaining the Wi-Fi network and any other mobile data connection. The availability and quality of the data or Internet connection are your sole responsibility or that of your chosen provider. A fast, stable data or Internet connection for the mobile device is essential for the reliable operation of the MIWE apps.
(2) Use of a MIWE app may require data to be transferred from your MIWE unit to a MIWE Web Portal. Please contact your MIWE advisor for more information on connections between your MIWE unit and the MIWE Web Portal.
(3) If the mobile device is intentionally or unintentionally disconnected from the MIWE Web Portal (Internet connection), the basic functions of some MIWE apps will still be available in the local Wi-Fi network at the site of the MIWE unit (Wi-Fi only use). Please see the app description for the MIWE apps that offer Wi-Fi only use. We do not recommend permanently using MIWE apps with a MIWE unit with Wi-Fi only, as you will not be notified of or able to download the necessary software updates.
(4) Wi-Fi only use is also available at sites other than the site of the MIWE unit for certain MIWE apps. For technical, safety and security reasons, the local network at the site of the MIWE unit must be accessed over a virtual private network (VPN). The availability and quality of the data or Internet connection are your sole responsibility.
(5) The MIWE unit must meet the requirements for use of the MIWE apps. Please check the app description in the app store for those requirements. A network connection and compatible software version are always required for the MIWE unit. Full functionality and reliability of the MIWE apps with the MIWE unit can only be ensured if the updates provided are regularly installed. You consent to the software on each MIWE unit being updated.
Use of a MIWE app may require your company to conclude a licence agreement with MIWE. Once this agreement is in place, MIWE will set up access for your company in the MIWE Web Portal. You must accept the Conditions of Use and the Data Protection Policy before you use the MIWE apps for the first time. The Conditions of Use and Data Protection Policy are displayed the first time you start the MIWE apps. More information on commissioning can be found in the FAQ for the MIWE apps.
(1) Our MIWE units can be operated online or offline. In offline mode, the MIWE unit can be operated as a normal, non-networked device. Control with the MIWE apps is not possible. In online mode, the MIWE unit can also be operated over the MIWE apps. The functions available with the MIWE apps depend on the type of MIWE unit and are detailed in the relevant app description.
(2) The MIWE units must be configured for use of the MIWE apps. Please see the configuration instructions in the instruction handbooks for the MIWE units. A fully functional unit control system is also required for use of the MIWE apps.
(3) For safety and security reasons, manual confirmation (e.g. for software updates) or manual activation on the MIWE unit is required in addition to commands with the MIWE apps for certain app functions.
(4) The MIWE apps currently offer a range of functions that depend on the specific MIWE unit. The descriptions of the functions are available for each MIWE app in the app store and at www.miwe.de. The functions of the MIWE apps may change or be expanded.
(1) In the event that you grant third parties access to the MIWE apps over the mobile device, you are responsible for ensuring that said third parties use the MIWE apps in accordance with these Conditions of Use and the applicable statutory regulations.
(2) As soon as updates for the MIWE apps become available, you have a duty to install said updates without delay to ensure the functionality of the MIWE apps. Claims for liability shall otherwise be null and void.
MIWE Michael Wenz GmbH reserves all copyright, rights of authorship and any and all other rights to the MIWE apps and to services, data and information received in connection with the MIWE apps, unless otherwise specified in these Conditions of Use. MIWE grants you the personal, global, non-transferable and non-exclusive right, free of charge, to use the software provided as part of the MIWE services; such right is granted on a non-binding basis and shall not constitute an actionable entitlement for the user. This right of use is granted solely to allow you to use the services provided by MIWE in accordance with these Conditions of Use. You do not have the right to copy, change, distribute, sell or hire any part of our services or of the software they involve. You do not have the right to carry out reverse engineering on the software or to attempt to extract its source code. Exceptions apply only where statutory regulations allow or if you have the written consent of MIWE Michael Wenz GmbH. MIWE shall be entitled to withdraw a user's above rights of use at any time without giving reasons.
(1) We shall have unlimited liability for loss caused intentionally or by gross negligence. We shall also be liable for the breach through ordinary negligence of major obligations (obligations whose breach jeopardises performance of the contract) and for the breach of material contractual obligations (obligations on whose fulfilment the due and proper performance of the contract depends and on the fulfilment of which the customer ought reasonably to be able to depend), however only for foreseeable loss typical of the contract. We shall not be liable for the breach of obligations other than those stated above through ordinary negligence.
(2) The limitation of liability in the paragraph above does not apply to loss of life, injury or ill health. This does not affect liability under the German Product Liability Act [Produkthaftungsgesetz].
(3) In the event that we are not liable or our liability is limited, such exclusion or limitation shall also apply to the personal liability of our employees, representatives and vicarious agents.
(1) Use of the MIWE apps ends if you delete the apps.
(2) MIWE Michael Wenz GmbH shall also be entitled to cancel the licence agreement at any time without notice or with a suitable period of notice, in particular if MIWE Michael Wenz GmbH is discontinuing operation of the app.
(3) In the event of the sale or provision of the mobile device to a third party, you must delete the MIWE apps to prevent the disclosure of confidential data.
In the event of changes to the Conditions of Use by MIWE Michael Wenz GmbH, the amended Conditions of Use shall be provided with the next update of the MIWE apps with a note of the date of the change. The amended Conditions of Use shall also be displayed the next time you use the app and you will be prompted to accept them. If you do not, you will no longer be able to use the app and the agreement shall be deemed to have been cancelled.
The collection and use of personal data is governed by our Data Protection Policy, which you can access below.
The following policy meets our duty of information and provides you with information on the storage and use of data and our identity. We also provide information on the first time data is transferred and type of data transferred.
Data protection covers personal data. Personal data is defined as information on the personal situation or the circumstances of an identified or identifiable natural person. Names, e-mail addresses and usage data such as the IP address of a computer or a mobile device can all constitute personal data.
When you download the app, the information required for the download is transferred to the app store operator. We have no influence over or responsibility for this data collection. Of that data, we process the data that the operator of the app store provides to us as part of our contract for the purposes of developing our apps and services.
For the use of the MIWE apps, other data such as first name and surname, e-mail address, an identification number for the mobile device used, usage data and configuration settings for the apps is recorded to enable registration and app functions. The time for which data is stored depends on required use. Data can be deleted at any time by accessing the MIWE Web Portal.
We use push notifications so that we can send you notifications even when an app is not open. Push notifications are messages that are sent directly to your mobile device using services such as the Apple Push Notification Service or Google Cloud Messaging Service. These services are standard functions in the provider's mobile infrastructure. The provider's data protection policy defines access to, the use of and the disclosure of personal data as a result of your use of their services. If you do not want to use the service, you can disable it on your mobile device.
Any and all personal data that we receive from you as part of the use of our apps is collected, processed and used by us for the specified purpose only. We make sure that such collection, processing and use occurs strictly in line with the applicable statutory regulations or only with your consent. We do not otherwise disclose personal data to third parties.
At your written request, we can tell you whether we have saved personal data about you and if so, what data.
We undertake to put in place the technical and organisational measures necessary to ensure implementation of data protection provisions, provided the expense involved is reasonable in relation to the desired level of protection.
You can revoke your consent to the collection, processing and/or use of your data at any time with effect for the future.