Terms and conditions
General terms and conditions, licence terms and the VPN disclaimer. Controllers and licences are sold to commercial customers only.
Please note: this is a convenience translation. Only the German version is legally binding.
General terms and conditions
1. Scope
These general terms and conditions apply to all contracts, deliveries and other services between the provider of the uni-PRO software (the “provider”) and the customer (the “customer”), unless expressly agreed otherwise in writing. Deviating terms of the customer are not accepted unless the provider expressly agrees to their validity in writing.
2. Subject matter
The provider develops and distributes the uni-PRO software solution, a complete solution for building automation, energy management and industrial control. The subject matter of the contract comprises the provision of the uni-PRO software including the associated apps for Android and iOS, and, where applicable, individually agreed adaptations and extensions.
3. Conclusion of contract
A contract is concluded by the provider’s written order confirmation or by delivery of the ordered software. Offers made by the provider are subject to change and non-binding.
4. Scope of services
The scope of services follows from the respective product description on the provider’s website or from individual agreements. The provider reserves the right to make changes or improvements to the software where these serve technical progress or are necessary.
5. Prices and payment
Prices are governed by the provider’s price list valid at the time or by individual agreements. All prices are net prices plus statutory VAT. Payments are due within 14 days of invoicing without deduction.
6. Rights of use
Upon full payment of the agreed remuneration, the customer receives a non-exclusive, non-transferable and non-sublicensable right to use the uni-PRO software for the contractually agreed purpose. Reproduction, distribution or making the software publicly available is permitted only with the provider’s express written consent.
7. Warranty
The provider warrants that the software fulfils the agreed functions at the time of handover. In the event of defects, the customer is entitled to rectification. If rectification fails, the customer may demand a reasonable reduction of the purchase price or withdraw from the contract.
8. Liability
The provider is liable for damage based on an intentional or grossly negligent breach of duty. For slight negligence the provider is liable only for the breach of essential contractual obligations (cardinal obligations). In this case liability is limited to the typical, foreseeable damage. Liability for lost profit, loss of production or indirect damage is excluded.
9. Retention of title
The delivered software remains the property of the provider until payment has been made in full. Resale or pledging of the software before full payment is not permitted.
10. Data protection
The provider undertakes to collect, process and use the customer’s personal data only within the scope of statutory provisions. Further information can be found in the privacy policy on the provider’s website.
11. Final provisions
Should individual provisions of these terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is the provider’s registered office.
Licence terms for the uni-PRO software
1. Grant of licence
The manufacturer grants the user a non-exclusive, non-transferable licence to use the uni-PRO software for its intended purpose in building automation and industrial control. The licence covers use of the software on the designated control units and use of the functions provided in accordance with the documentation.
2. Rights of use
The software may be used only within the scope of the intended functions and in accordance with the technical documentation. Reproduction, distribution or making the software publicly available is permitted only with the manufacturer’s express written consent.
3. Use of the uni-PRO apps for Android and iOS
The uni-PRO apps for Android and iOS provided by the manufacturer enable mobile access to building automation functions. Use of these apps requires a valid licence for the main software and a working network connection (local or via VPN). The manufacturer gives no guarantee of permanent availability or compatibility with all devices and operating system versions. The range of functions may change with updates. Use of the apps is subject to these licence terms and to the respective terms of use of the app stores.
4. Updates and changes
The manufacturer reserves the right to update or change the software at any time. Updates may add new functions or change or remove existing ones. The user has no claim to particular updates or functions.
5. Third-party software
The uni-PRO software may contain components of, or interfaces to, third-party software. The respective licence terms of those third parties apply to such components. The manufacturer accepts no responsibility for the functionality or security of that software.
6. Disclaimer
Use of the uni-PRO software is at the user’s own risk. The manufacturer accepts no liability for direct, indirect, incidental or consequential damage arising from the use or the impossibility of use of the software. This includes, among other things, data loss, lost profit, business interruption or damage to equipment.
7. VPN service
The software offers the option of using a VPN service to enable remote access to the control units. Use of this service is at the user’s own responsibility. The manufacturer accepts no liability for damage or security risks resulting from use of the VPN service. The manufacturer furthermore reserves the right to offer the VPN service subject to charge in the future.
8. Changes to the licence terms
The manufacturer reserves the right to change these licence terms at any time. Changes are published on the official website. Continued use of the software after publication of the changes is deemed to constitute acceptance of the amended terms.
Disclaimer for VPN use
We are pleased to offer you our VPN service free of charge. Please note, however, that this service may be moved to a paid model in the future. This disclaimer informs you about possible future changes and their implications:
- Free use up to a certain point in time: our VPN service is currently available free of charge. We reserve the right to discontinue free use by switching to a paid subscription model. The exact date of the change will be announced in good time.
- Right to terminate free use: once the switch to a paid model takes place, users may choose a paid subscription or stop using the service. We will inform our users of the changes in advance and give them sufficient time to adjust.
- Data protection and security: regardless of a future move to a paid model, we will continue to do our best to safeguard your privacy and security online. Our privacy policy and security measures remain unchanged.
- No guarantee of continued free use: we do not guarantee that the free VPN service will remain available permanently. The future development of the service depends on various factors, including financial sustainability.
- Availability and performance: we will endeavour to provide a consistently reliable and high-performance service. Quality and speed may, however, improve with the move to a paid model.
- Disclaimer for damages: we accept no liability for direct, indirect, incidental or consequential damage arising from the use or the impossibility of use of our service. This includes, among other things, data loss, lost profit, interruptions or damage to equipment. Our service is provided “as is” and “as available”, without express or implied warranty of fitness for a particular purpose.
We appreciate your understanding and support while we optimise our services in order to continue offering a high-quality service. If you have any questions or concerns, please do not hesitate to contact us: office@uni-pro.at.