Terms and Conditions

1. These Terms of Use apply to the use of the ‘Hargassner App’ and the Hargassner web service (both applications hereinafter referred to as ‘Applications’) and to all services and information offered within the scope of these Applications. Use of these Applications is permitted exclusively in accordance with these Terms of Use.
2. By registering with even one of these Applications, as required to use them, the user accepts these Terms of Use in their current version.
3. Any deviations from these Terms of Use shall only be deemed to have been agreed if they have been expressly confirmed in writing by Hargassner GesmbH (hereinafter referred to as ‘Hargassner’).

1. Hargassner reserves the right to amend these Terms of Use at any time and to inform users of any changes to the Terms of Use applicable to them. Such notification is usually provided electronically; however, this does not relieve the user of the responsibility to check the current version of the Terms of Use themselves.
2. If the user agrees to the amended Terms of Use, fails to object within a period of two weeks following notification of the amendment to the Terms of Use, or continues to use the applications without raising an objection, the amended Terms of Use shall be deemed to have been accepted.
3. If an objection is raised to the amendment, the previous Terms of Use do not automatically come back into force, and Hargassner is entitled to block the use of the applications by the user who has raised the objection. Continued authorisation to use the applications does not constitute tacit or explicit consent on the part of Hargassner that the previous Terms of Use remain in force.

1. Only legal entities or natural persons who are of legal age and have full legal capacity are authorised to use this service. Natural persons under the age of 18, or those of legal age who do not have full legal capacity, are only authorised to use the services with the express consent of their legal representative.
2. The user has no legal entitlement to registration for, or to the use or continued use of, the applications. Hargassner may revoke the right to use the applications, which is provided entirely free of charge, at any time without notice.
3. Conversely, the user is entitled at any time to cease using the applications without giving reasons and to request the deletion of their registration.

1. Hargassner is under no obligation to provide and/or maintain the applications.
2. Hargassner reserves the right to amend or discontinue the applications listed, in whole or in part, at any time without giving reasons, or to revoke access authorisation by blocking the access details.

1. Use of the applications requires the user to register. The user is obliged to provide accurate details.
2. The user is obliged to keep their login details for the applications safe and to protect them from misuse. If the user breaches this obligation, or discloses the access details to third parties, or otherwise makes the details publicly available, they shall be liable for all acts and omissions carried out using their access details.
3. In the event of unauthorised access by third parties (e.g. password sniffing, hacking, etc.), the user undertakes to notify Hargassner immediately upon becoming aware of the misuse or even merely suspecting it.
4. The user is prohibited from modifying the applications technically beyond the available configuration options or from using them for purposes other than those for which they are technically intended. In particular, unless expressly permitted in writing in individual cases, it is not permitted to copy, edit, transmit, alter, decompile or reverse-engineer them.
5. In the event of a breach of these Terms of Use, the user shall be liable for all damages directly or indirectly incurred by Hargassner as a result of the breach, including the costs of appropriate legal action.

1. The applications provided free of charge by Hargassner have been carefully developed and subjected to functional and error analyses. However, Hargassner gives no guarantee as to the availability, functionality, timeliness, quality, suitability for use or future development of the applications or of the data and content generated by them.
2. Hargassner shall only be liable for damage suffered by the user or a third party attributable to the user in cases of wilful misconduct or gross negligence. In any event, liability is limited to foreseeable damage. Indirect damage or loss of profit shall not be compensable.
3. Under no circumstances shall Hargassner be liable for any loss or damage arising from the misuse of access details or the disclosure or provision of access details to third parties by the user or any person attributable to them.
4. Liability for software errors, data loss or other damage arising from the installation or use of the software – in particular for data loss or hardware malfunctions caused by the incompatibility of components present on the customer’s mobile device with the new or modified hardware and software, and for system malfunctions that may arise from existing misconfigurations or older, disruptive drivers that have not been completely removed, is excluded – except in cases of wilful misconduct or gross negligence.
5. Exclusion of warranty in the event of failure to install software updates

a) The customer acknowledges that the proper functioning of the app service and the associated control unit for Hargassner products depends on the installation of the software updates provided by Hargassner.

b) Hargassner endeavours to update the software of the app service and the product regularly in order to close security vulnerabilities, improve functionality and ensure compatibility with new technologies.

c) The customer is obliged to install the software updates provided by Hargassner.

d) If the customer fails to install or refuses to install software updates, despite having been duly informed by Hargassner and the installation being technically feasible, any warranty for the app service and the associated control unit for the Hargassner product shall lapse.

e) The exclusion of warranty pursuant to Clause 5 covers, in particular but not exclusively, liability for:
– Malfunctions of the app service or the product
– Security risks arising from outdated software
– incompatibilities with new technologies
– damage resulting from the failure to install software updates

f) Hargassner shall not be liable for any damage attributable to the customer’s failure to install software updates.

g) The customer is aware that failure to install software updates may impair the security and functionality of the app service and the associated products.

h) Hargassner expressly recommends that the customer install the software updates provided in order to ensure the optimal functioning and security of the app service and the associated products.

6. The foregoing shall not affect liability for culpable injury to life, limb or health, nor any other mandatory statutory liability.

1. Hargassner uses electronic, automated data processing systems and equipment to provide services to the user. To use the applications, registration with personal data – in particular the user’s name and address – is required; Hargassner collects this data to the extent necessary and stores it for the duration of the registration. For the purpose of continuously improving the applications, Hargassner collects and stores only non-personal data, such as error reports, for statistical purposes.
2. The user is entitled at any time to exercise their right to access the data stored in this regard and, in accordance with statutory provisions, to request the rectification, completion or erasure of this data. In the event of a breach of data protection regulations, the user has the right to lodge a complaint with the data protection authority as the supervisory authority.
3. The personal data stored by Hargassner is used exclusively by Hargassner for the purpose of providing and developing services. This data will not be disclosed or published unless such disclosure or publication is necessary to fulfil a legal obligation or to enforce or defend Hargassner’s rights.
4. The use of personal data for the purpose of informing users about Hargassner’s products requires the user’s separate consent.
5. Where Hargassner’s applications use cookies, please note that these cookies – i.e. small text files stored locally on the user’s device – are usually deleted after the user logs out or closes the application and are therefore only temporary. If the applications are accessed from a third-party device, it is strongly recommended that you check that the cookies have been deleted.

1. These Terms of Use are governed exclusively by Austrian law, to the exclusion of its conflict-of-law rules.
2. In the event of any disputes arising out of or in connection with the use of the applications, the exclusive place of jurisdiction shall be Ried im Innkreis, Austria.