Special Usage Terms

of KWB - Kraft und Wärme aus Biomasse GmbH

for using the "Comfort Online" Internet platform

1. Area of applicability

1.1. These special usage terms ("Special Terms") regulate the use of the Comfort Online Internet platform ("Comfort Online") between KWB Kraft und Wärme aus Biomasse GmbH ("KWB") and its registered users ("User").

1.2. If these Special Terms do not provide for individual circumstances, these shall be regulated alternatively by the respectively applicable KWB General Terms and Conditions which are available at http://www.kwb.at ("AGB").

1.3. The services provided on the Comfort Online platform are separated into basic and fee-based expansion services (function and data packages).

1.3.1. The basic services include the following functions:
- Registering as a user and user account administration
- Registering max. one heating system per user account
- Requesting and displaying the heating system's operating parameters
- Sending authorised control commands and configuration changes to the heating system
- Alarm system
- Temporary support access for certified technicians
- Granting and administrating a total of 3 authorisations for sub-users; of which max. 1 data package release to sub-users. An authorisation may thereby include the entire heating system or only parts of it.

The basic services are provided free of charge until revoked.

1.3.2. The company also offers various fee-based expansion services which Users must pay for in advance with a fee. For the expansion services, we distinguish function packages and data packages.

1.3.2.1. Function packages:
Function packages contain paid for additional functions. These include for example:
- Registration of more than one heating system per user account
- With data package provision to sub-users: grant and manage more than 1 and up to 3 authorisations to sub-users
- Without data package provision to sub-users: grant and manage of an unlimited number of authorisations to sub-users
- Change log
- Data live view (without data package, without storage)
- Recording and storage of historical operating data (only possible with paid for data packages)
- Presentation of recorded data in charts (only possible with a data package)
- Individual representation options available for the charts
- Comparison of several systems

1.3.2.2.Data packages:

1.3.2.2.1. We offer different data packages. These are distinguished by their different expiration and storage periods (between 1 month and 24 months).

1.3.2.2.2. KWB retains the right to combine the purchase of selected data packages with the conclusion of a maintenance agreement for the heating system with KWB or a qualified KWB partner.

1.3.3. KWB expressly reserves the right to reclassify basic services as fee-based expansion services. A retrospective offsetting of payments, however, is excluded in this case.

2. Basic service/Expansion services

2.1. KWB and the User enter into a legal relationship when the User confirms these Special Terms as well as the General Terms and Conditions (ABG) during the process of registering as a User on the Comfort Online platform.

2.2. KWB has the right to exclude or block individual Users from accessing the services (basic and/or fee-based expansion services) without specifying any reasons. In the event that KWB blocks a User who has already paid for the fee-based services, KWB undertakes to reimburse the User pro rata for these fees within 14 days after the block was created and initiated. Additional claims for damages by the User are excluded.

3. Exclusion of liability / Password safety

3.1. KWB does not accept any liability or warranty for a functioning "Comfort Online" service. Any liability or warranty is excluded with the exception of (i) liability for wilful or grossly negligent actions, (ii) personal injuries, and (iii) for legally mandatory damage claims under the Product Liability Act.

3.2. The User must ensure constant and consistent internet connectivity to be able to use the Comfort Online platform properly. KWB is not liable for and/or obliged to guarantee the internet connection set up by the User, any associated data allotments and any incurred costs for internet usage and any security systems installed by the User and the User's provider.

3.3. KWB is in particular not liable for any input errors the User makes. Before using Comfort Online, the User is obliged to carefully read the operating manual of the respective heating system (e.g. heating boiler, ...). If anything is unclear, the User should read the help pages provided by KWB as well as contact the support services before using the Comfort Online platform.

3.4. The respective User is responsible for safeguarding his/her password and username. The User undertakes not to provide his/her username and password to third parties. KWB does not accept any liability or warranty. In the event that the User loses the password and/or username, he/she is obliged to notify KWB about the loss of the password without delay by resetting the password via the respectively provided Internet screen. Once notified, KWB will ensure that use of the old password shall no longer be possible. KWB will provide the User with a new password within 48 hours or less.

4. Expansion services/Right to withdraw

4.1. The expansion services shall be activated for the respective User once receipt of payment has been confirmed by the third-party payment services provider. Paid services are not activated until the third-party payment services provider gives payment confirmation to KWB.

4.2. The User shall grant his/her consent to having the respectively required data be processed by the payment services provider. The scope of the respective data depends on the agreement concluded between the User and the payment services provider. KWB does not accept any liability for any misconduct on the part of the payment services provider. KWB will not receive any credit card data from the payment services provider.

4.3. The User – to the extent he/she is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG) – confirms within the meaning of § 18(1) line 11 of the Remote and External Transactions Act (FAGG) that he/she is aware of his/her right to withdraw from a contract within 14 days after concluding said contract. The User expressly agrees to the early start of contract fulfilment immediately after contract conclusion and receipt of payment. The information under § 7(3) FAGG will be emailed to the respective User at his/her specified email address immediately after the order is placed and before services are provided.

5. Data privacy

5.1. KWB has the right to store personal and heating system data relating to the User and use it for the provision of the agreed upon services.

5.2. The User's consent refers to the following data that the User must provide during registration: user name (=email address), password, first name, last name, address, postal/zip code, city/town, country, mobile number. The User's consent also refers to data that are automatically read and stored by KWB and/or the data base provider from the heating system connected to the Comfort Online platform (e.g. heating boiler, ...). These comprise: serial number and operating parameters of the heating system connected to Comfort Online (e.g. heating boiler, ...) as well as the respective IP address used by the User.

5.3. KWB undertakes to keep this data confidential vis-à-vis third parties, if and to the extent that a disclosure is not necessary for the fulfilment of the contract between the User and KWB, in particular the provision of the agreed upon services. The User gives his/her express consent, which may be revoked at any time, for parts of his/her data (in particular IP address, password, username) to be processed by the database provider. In addition, the User gives his/her express consent, which is revocable at any time, for parts of his/her data (first name, last name, address) to be disclosed to the payment services provider for the purpose of reimbursement of potential amounts paid in excess of the required sum. The statement revoking consent must be submitted to KWB via email. If consent is revoked, KWB will no longer be able to provide the services resulting in an automatic termination of the contractual relationship. KWB is obliged to reimburse the User pro rata within 14 days for any payment made for the expansion services.

5.4. KWB undertakes not to provide data to other third parties that were not specifically named in these Special Terms. Moreover, KWB undertakes to exclusively use any such stored data for the provision of services.

6. Termination

KWB has the right to terminate the contractual relationship with individual users at any time without specifying reasons. Any fees paid in excess shall be reimbursed pro rata in this case. If expansion services were utilized as part of the contractual relationship that stipulate a minimum validity period for the User, then a regular termination by either the User or KWB is excluded.

7. Intellectual Property

KWB has the sole licensing right and/or copyright with regard to the Comfort Online platform and the software. This also refers to the right to compile contents, comments, and links to other Internet sources and to descriptions of these sources. Except the use that is permitted under these Special Terms, the use or any modification or manipulation of any parts of the software or Comfort Online is not permitted and violates KWB's and/or the originator's intangible property rights. Violating this provision may result in civil and/or penal consequences for the User including any obligations to pay for damages resulting from a violation of intangible property rights. The use of Comfort Online does not imply an authorisation to exploit KWB's retrievable intangible property rights (in particular trademark rights).

8. Deliveries / Contractual statements

Deliveries received from KWB become immediately effective if they were sent to the User's last specified postal address and/or email address. The User is obligated to keep his/her data current and to notify KWB regarding any changes in his/her data via the respectively provided screen.

9. Changes to these Special Terms

KWB reserves the right to make changes to these Special Terms. KWB undertakes to notify the User before a scheduled change via email specifying an objection period of at least 14 days and also the date the change will take effect.

If the individual User does not submit an objection within the stated objection period, the changes and the Special Terms in their amended version shall be deemed to have been accepted.

10. Jurisdiction

10.1. Any disputes from any contracts concluded with the User including the issue of their validity and their prior and subsequent effects are – outside of the applicability of the KSchG – exclusively decided by the competent court where KWB registered office is located, according to KWB's discretion or also by the competent court, in whose jurisdiction the User has his or her registered office or residence.

10.2. Regardless of the location of the affected device (heating system), it is agreed that the location of KWB’s registered office shall be the place of fulfilment.

11. Choice of law/severability clause

11.1. All relationships between the User and KWB to which the present Special Terms apply are exclusively subject to Austrian Law under exclusion of any Austrian or European conflict of law provisions. Also excluded are the UN Sales Convention and any conflict of law provisions.