This application – hereafter called “app” – is offered by Synergetic AG, hereafter called “Synergetic” (service provider), and was created in collaboration with Eberspächer Climate Control Systems GmbH & Co. KG. It serves for the operation of the pre-heater of Eberspächer Climate Control Systems GmbH & Co. KG and also offers additional functions.
1.) The app may only be downloaded by users aged 18 years or over.
2.) No fee is charged for the app itself. However, costs may be incurred with your provider for using the app, in particular for the sending of SMS.
3.) The underlying technical conditions are based on the preconditions stipulated in the Appstore/ Google Play.
4.) Use is made of third-party services. This applies in particular to the weather information, so no responsibility can be accepted for the correctness of the information provided.
5.) We make every effort to ensure that the app functions as intended. However, we cannot guarantee that the offer will meet all expected requirements, nor that it will be available at all times without interruption, risk or error. We cannot accept any liability for the results that may be achieved through the use of this offer or with regard to the correctness and reliability of the available information.
Claims of liability against Synergetic are excluded, regardless of the legal basis, unless they are based on the proven intentional or seriously negligent violation of duty by Synergetic, its legal representatives or assistants, or the injury or life, limb, health, the acceptance of a guarantee or the fraudulent concealment of defects. The exclusion of liability also applies to the affiliated companies, the personal liability of employees or assistants of Synergetic as well as of Eberspächer Climate Control Systems GmbH & Co. KG and its affiliated companies.
The limitations on liability do not apply where applicable statutory regulations prescribe mandatory liability.
6.) The following applies in respect of data protection:
For a weather query/setting of the weather alert, the app transmits the unique ID of the device, as well as the requested place, date and desired temperature to a server of Synergetic. This is necessary in order to fulfill your query.
All data collected by Synergetic or Eberspächer Climate Control Systems GmbH & Co. KG will be collected, processed and used for the purpose of technical administration only.
We guarantee that your details will be dealt with confidentially in accordance with the prevailing provisions of data protection law.
7.) We expressly reserve the right to amend, supplement or remove parts or all of the offer without separate announcement, or to suspend publication in full or in part.
8.) All rights remain with the right-holder. The app may not be amended, edited, decompiled, saved, translated, hired out, sold, distributed or duplicated.
9.) You undertake to use the app in a manner that does not impede, overload or damage it and does not place the purpose of this application at risk. Neither you nor third parties shall make any attempt to circumvent or modify the security features of the app.
10.) These terms, where legally permissible, are subject to German law to the exclusion of the conflict of laws. Should individual provisions of these terms be legally ineffective, the effectiveness of the remaining provisions shall not be affected. The same applies in the event that the terms contain legal loopholes. For the purpose of closing any such legal loopholes, the effective regulations that the contractual partners would have agreed in accordance with the economic purpose of the terms, if they had noticed the legal loophole, shall be deemed agreed.