Nutzungsbedingungen
Smart App
Lizenz- und Nutzungsbedingungen für die Applikationen von Canton für IOS und Android
1. Subject
The following general terms of use apply to the use of the mobile application „Canton“ and other future versions such as patches, updates und upgrades). (hereinafter referred to as the „Canton App“ or „App“) by consumers and entrepreneurs (hereinafter referred to as „users“).
The following applies to entrepreneurs: We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.
2. Scope
The app is provided by Canton Elektronik GmbH + Co KG, Neugasse 21 - 23, 61276 Weilrod, Germany (hereinafter referred to as "Canton"). The sale of Canton products in our online store at https://www.canton.de is subject exclusively to our general terms and conditions also provided there.
In addition to these terms of use, the user also observes the privacy policy of the Canton app in its currently valid version, including the description of the type, scope and purpose of the collection and use of personal data. You can also access the privacy policy via the link “privacy policy” in the app.
These terms also apply if our app is accessed from outside the Federal Republic of Germany.
3. Subjext of the contract
The subject of the contract is the free provision of the Canton App for downloading from the Apple Store and Google Play as well as the associated granting of the rights of use to the App described in more detail in Section 8.
The app enables the control of Canton loudspeakers and allows you to access, and play provided services (in particular music services and podcasts) listed in the app. A detailed description of the app's performance and functions can be found in section 7 of these terms of use.
4. Conditions of use
By using the app and the digital functions and content provided, you agree to the terms of this agreement and consent to the processing of your personal data necessary for the functions of the app. If you do not accept the terms of this agreement or do not agree to the processing of your personal data as described in the privacy policy, the app and the third-party services provided here cannot be used or can only be used to a limited extent.
The app requires the use of an original network-capable Canton speaker. Provision of such a speaker is your responsibility as a user of the app. You can use the loudspeaker to play various listening services (e.g., music, podcasts, radio) from third parties within a room you have selected. Technical details on how your Canton loudspeaker works can be found at www.canton.de in the corresponding offer and in the operating instructions for your Canton product.
5. technical environment
The user of the app is responsible for creating the technical requirements for using the app at their own expense and for informing themselves about and paying any fees that may arise.
The use of the app requires the use of a mobile device with certain minimum system requirements which are specified in the app description. Smooth operation of the app can only be ensured when using an appropriate device. The app is compatible with hardware and software that are common and to be expected for such digital products.
The user is also responsible for providing a functioning WiFi network with sufficient coverage and an activated DHCP server as well as internet access with sufficient bandwidth. Additional charges may be incurred for this. The contract for data and mobile phone options is held exclusively between the user and the telecommunication provider. Details can be found in the service description and contractual conditions of the respective provider.
The app and all associated functionalities are exclusively accessible via the Apple Store of Apple Inc., 1 Apple Park Way Cupertino, California, 95014-0642 USA (hereinafter "Apple") or via Google Play of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter "Google"). In this regard, we refer you to the terms of use of the respective app store.
6. Accessibility and disruptions
We cannot guarantee that the App will be accessible, available, and error-free at all times. We will make reasonable efforts to ensure continued availability of the App, including maintenance-related outages. However, due to technical difficulties beyond our control, access and transmission delays or failures may occur. This includes the actions of third parties who are not acting on our behalf, technical conditions of the Internet beyond our control and force majeure. As much as possible, we will inform you in advance about upcoming maintenance work and carry this out during periods of low usage.
The legal provisions regarding digital products remain unaffected.
7. Service description
The app enables the control of functional Canton speakers via a mobile device. This enables you to access third-party providers such as music services, voice control and other services (collectively referred to as "third-party services") via the app. However, we do not offer our own content, but only help you to manage the third-party services within the app and to transfer and play them on Canton speakers. You can also use the app to select different speakers for playback and adjust both volume and sound.
Third-party services are accessed via interfaces. To ensure a smooth process and a wide range of services, we collaborate with the company Airable (Airable GmbH, Am Treppchen 2, 41334 Nettetal, Germany).
The use of the third-party services available via the app may be subject to various conditions. It is your responsibility to create the additional requirements to access and (fully) use the third-party services integrated in the app. In particular, the use of certain third-party services may depend on registration and the payment of an additional fee. You and the third-party service are the only responsible for the contractual agreements among themselves.
In our app, you can see an overview of the third-party services and content that you can access via the Canton app. The user is not entitled to access certain content via the app if not provided or not no longer provided. We reserve the right to withdraw or restrict access to content, technologies, services and/or materials from third-party services at any time and for any reason without prior notice. We also reserve the right to make access to certain services and content subject to conditions.
8. Granting of rights of use
Unless otherwise expressly agreed, Canton grants you a simple, non-exclusive unlimited, non-transferable, and non-sublicensable right of use. The right of use includes downloading and installing the app and using it as intended.
Unless otherwise expressly agreed, modification, processing, public reproduction, commercial disclosure to third parties by making available for download, and any copying not covered by the intended use shall not be permitted. Sections 69a et seq. of the German Copyright Act (Urheberrechtsgesetz) apply without restriction.
9. Liability for content from third-party services
We make it clear that we do not support or endorse any illegal content such as right-wing extremist, offensive, violence-glorifying, racist and other reprehensible contributions and expressly distance ourselves from these.
The content of third-party services, in particular the music services and podcasts that can be controlled via the app, are outside the area of responsibility of Canton and are not checked by us for content, infringement of third-party property rights or accuracy. Therefore, we cannot accept any liability for this third-party content and do not adopt it as our own under any circumstances. The respective provider or operator of the pages or service and the creator of the content is always responsible for such content.
Third-party services may also occasionally contain adult content. It is also the responsibility of the third-party provider to ensure that these can only be accessed by users who have reached the required minimum age. Canton recommends a non-binding minimum age of 16 years for the use of the app.
By agreeing to these terms, you acknowledge that if you have any concerns regarding the content of the Services, you will only contact the third-party service or content creator directly and not Canton.
10. Warranty
The statutory warranty law applies.
11. Limitation of liability
Claims for damages are excluded unless otherwise specified below. We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives, or legal agents
· for injury to life, limb, or health
· for deliberate or grossly negligent breach of duty
· for guarantee commitments, where agreed
· in case the scope of product liability law applies.
In case of breach of obligations due to slight negligence on our part, our legal representatives or legal agents, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly (cardinal obligations), we are only liable for the foreseeable, typical contractual damage.
12. Further development of the app and maintenance
The Canton app is maintained and regularly adapted to technical requirements. This serves to ensure the proper functioning and security of the app. To this end, we reserve the right to automatically carry out updates that are necessary to maintain the app.
We will inform you of any upcoming updates in an appropriate time. You must ensure that the relevant updates can be carried out. We are not liable for errors that are due to the fact that you have omitted or prevented available updates, despite proper notice of them.
Canton is also constantly striving to improve the app and to adapt and change its features. For this reason, we reserve the right to provide you with updates and upgrades that are not necessary to maintain the functions of the App. The software updates and upgrades do not necessarily include all existing software functions or new features that Canton releases for newer or other product models. The user is not entitled to updates and upgrades of the app that are not necessary.
If Canton provides such updates or upgrades, these and all associated documentation are considered to be the product and are subject to these terms. Exceptions to this are additional agreements made for updates or upgrades or agreements expressly included in the contract.
13. Allgemeiner Änderungsvorbehalt
In the case of permanent provision, we may make changes to the digital content that go beyond what is necessary to maintain conformity with the contract if
· there is a good reason for doing so,
· you do not incur any additional costs as a result of the change, and
· we give you clear and understandable notice of the change.
Good cause in this sense includes cases where the change is necessary to adapt the digital product to a new technical environment or to an increased number of users, or where it is necessary for other important operational reasons.
14. Contract language, storage of contract
The languages available for concluding the contract are German and English. You can view the terms of use in the Apple Store or Google Play before downloading and save them on a permanent data carrier if required.
15. Schlussbestimmungen
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which you as a consumer have your habitual residence, shall remain unaffected.
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
If you are a "Kaufmann" (entrepreneur) within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is the registered office of Canton.
Should individual clauses of these general terms be wholly or partially unenforceable, the remainder of the contract shall remain valid. If individual clauses are invalid or unenforceable, the content of the contract shall be governed by the statutory provisions. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
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Rechtstext zuletzt aktualisiert am 14.03.2024