Terms of Service
StromGedacht Website

1. Exclusion of liability

All details and information contained in our websites have been carefully researched and checked by TransnetBW GmbH. We make all efforts to keep on adding to this information and ensure it is up to date. TransnetBW GmbH cannot, however, accept any liability, warranty or guarantee that it is accurate, complete or current. This also applies to websites to which this site refers, either directly or indirectly. Binding statements may be made only in response to specific enquiries. Except in cases of deliberate action, gross negligence, loss of life or physical injury, TransnetBW GmbH will not be liable for direct or indirect losses, including lost profits, arising in connection with information made available on this website. The above limitations do not apply to legal obligations to supply details in the “Credits” section and the Privacy Statement. TransnetBW GmbH reserves the right to change or add to the information made available without prior notice.

2. Copyright and intellectual property rights

The content and structure of these web pages are protected by copyright. These pages and their content may not be reproduced without the prior agreement of TransnetBW GmbH, except for the press releases contained in the "Press" section. Links to web pages at www.transnetbw.de are permitted. These Terms of Service, and the use of these web pages and the associated services, are governed by German law, except for the provisions referring to conflict of laws.

3. Registration and data management

Some products and services on our web pages may require registration. Data submitted in this connection will be stored for the purpose of managing your registration until your registration is cancelled. TransnetBW GmbH undertakes not to pass stored data to third parties. The email address that you provide will not be visible to other users.

In the event of any subsequent changes, you are required to keep your master data (address and contact details in particular) and other information in your user account up to date at all times.

It is your responsibility to exercise maximum care in looking after your access details and take all steps to ensure this data is kept secure and confidential and is not disclosed to third parties. You are obliged to advise the provider immediately if you suspect that any third party has discovered your access details and/or is misusing a user account.

4. Responsibility for content

You are responsible for your registration details and the content that you upload (e.g. messages to other users or images). TransnetBW does not assume ownership of your content.

TransnetBW GmbH reserves the right to block any content immediately if there are reasonable grounds to suspect it violates applicable laws or is otherwise objectionable.

If a claim is made against TransnetBW because of prohibited content or other violations of the law for which you are responsible, you will indemnify TransnetBW at first request and provide TransnetBW with all assistance in defending against such claim. Indemnification includes the necessary costs of prosecution.

Users who violate the Terms of Service may be excluded from further participation by TransnetBW GmbH.

1. Functions and services of the App

1.1Note that the use of particular functions of the App requires your mobile device to have a data connection, or alternatively a data connection will be established through the use of these functions

1.2The App provides you with general information about the power grid. It is also possible to call up and review the status of the power grid in a given area and to receive notice of the status of the power grid in the form of a push notification.

1.3To access the data from your device you need an internet connection, which may incur costs.

1.4See the App itself to find out which specific functions are available.

2. Use of the App

2.1When you download the App, TransnetBW grants you a free, non-exclusive, non-transferable right to use the App for the purposes described in these Terms of Service. Use of the App must take place on a device belonging to you or in your possession, on which the software is able to run in accordance with the system prerequisites, which you can inspect in the Apple App Store or the Google Play Store before you accept these conditions.

2.2You do not have the right to copy the App, distribute or otherwise make it available to third parties (including via hire, lease, lending or sub-licensing) or by any other means reserved to the copyright owner or owners in question. You are not authorised to change, reverse engineer, decompile or disassemble the program code used in the App or parts thereof, to ascertain the source code by other means, or to create derivative works on that basis. This does not affect the provisions of Sections 69d and 69e of the German Copyright Act (UrhG).

2.3The above conditions also apply to all updates/upgrades and program extensions for the App that TransnetBW may make available to you for downloading via the Apple App Store or the Google Play Store, if these are not the object of a separate licence agreement. In such case only the licence provisions for the respective update/upgrade or program extension will apply.

2.4The App may contain individual components or modules (“third-party software”) that are licensed from third parties under an open-source licence. Further information and the licence conditions applying to such third-party software may be found in the software information, which you can access via the main menu of the App. The use of this third-party software is subject to the conditions specified in that location.

2.5In all other regards, TransnetBW reserves all rights to the App.

3. Duties to cooperate

3.1When you use the App, you must exercise the necessary duty of care for use and check the results generated by the App to an appropriate extent before you use them.

3.2You agree that updates, which will not place you in an objectively worse position compared to the services agreed to when you entered into the Contract, and which will not differ substantially from those services, e.g. security updates and new, improved functions and updates to rectify errors, will be automatically installed in accordance with the settings of your operating system. Adjust these as appropriate, and contact your provider for further information. TransnetBW has no influence in this regard. You will be advised prior to installation if the updates require additional authorisations. If you do not approve these additional authorisations, the update will not proceed. As a consequence the operation of the App may be compromised or may have to be terminated completely. This provision applies, mutatis mutandis, if changes to the App become necessary on account of changed requirements by third parties from which TransnetBW obtains upstream services, or on account of significant technical innovations on the market.

3.3Any further technical prerequisites for the use of the App are stated in the App description in the Apple App Store or the Google Play Store, with particular reference to supported operating systems/versions and mobile devices.

4. Warranty and liability for free software

4.1TransnetBW will be liable for material and legal defects, on any legal basis whatsoever, only if TransnetBW has maliciously concealed the material or legal defect in question. Otherwise, the liability of TransnetBW, its legal representatives and agents in respect of the freely provided software, will be limited to compensation for any losses incurred in cases of deliberate or grossly negligent misconduct, or of culpably caused losses arising from the loss of life, physical injury or damage to health. Claims pursuant to the law on product liability remain unaffected.

4.2If, under these provisions, the liability of TransnetBW is excluded or restricted, this will also apply to the liability of the organs and agents of TransnetBW, including its employees.

4.3TransnetBW assumes no guarantee for the accuracy, current validity or completeness of the power grid status information displayed in the App. Even if the App has provided correct outputs in the past, this is no guarantee of the future reliability of such information. The App only provides additional assistance with the use of electrical consumers; using the App does not guarantee any particular function.

5. Availability and messages

5.1The App can advise you of events by way of messages on your mobile device. TransnetBW can transmit these messages only if the following are assured:

• The App was installed in accordance with instructions;
• Your access to the internet and the TransnetBW Cloud server, with both of which your system communicates, are operating normally;
• You have given permission for the App on your mobile device and in the App itself;
• And your mobile device has an active data connection.

5.2To transmit messages to your mobile device, TransnetBW uses push notifications from Apple or Google. This involves sending the messages to your mobile device. For additional information about these messages and the data they contain, see our Privacy Statement.

5.3System availability may be interrupted for necessary maintenance and servicing activities. TransnetBW alone is responsible for maintenance and support for the App.

6. Violation of these Terms of Service

6.1You undertake towards TransnetBW to use the services exclusively for purposes that do not violate these Terms of Service or applicable German law, or the rights of third parties.

6.2If you allow another person to use the app on your mobile device, it is part of your duty of care to draw their attention to these Terms of Service and appropriately monitor their observance.

6.3TransnetBW may block access to the App if you violate your obligations under these Terms of Service.

7. Identity of the provider

Provider of the App and the functions it contains:
TransnetBW GmbH
Pariser Platz
Osloer Str. 15-17
70191 Stuttgart
Tel: +49 711 21858-0
E-Mail: stromgedacht@transnetbw.de
Questions and complaints regarding the App must be directed to the contacts shown above.

8. Final provisions

8.1This Contract is governed by the substantive law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

8.2If you are not a consumer or have no proper venue in Germany, the venue for all disputes arising from or in connection with this Contract will be the registered office of TransnetBW. TransnetBW is, however, also entitled to bring action against you at your general venue or at any other competent court.

8.3We reserve the right to change, add to or delete the information offered via this App, including the text of these Terms of Service, or to temporarily or permanently cease its publication, at any time and without separate notice. It is recommended that you regularly check the information offered via this App, including the text of these Terms of Service, for any changes.

8.4If individual provisions or parts of this Contract should be invalid, the remaining provisions and parts of the Contract will remain in force.

9. Special conditions for the iOS version of the App

The following conditions apply when you obtain the App via the Apple App Store and use it under the iOS operating system:

9.1Maintenance and support
As the publisher of the App, TransnetBW alone is responsible for maintenance and support for the App on the basis of these Terms of Service. Apple assumes no obligation for the performance of any maintenance and support services for the App.

9.2No liability by Apple for faults
If you experience faults with the App you are free to advise Apple accordingly. Within the limits of the law, Apple has no further obligations regarding faults with the App.

9.3Product liability
Apple is not liable for any claims by you or by third parties in connection with the App or its possession or use, including:

• Product liability claims;
• Claims based on the failure of the App to satisfy applicable legal or regulatory requirements; and
• Claims under consumer protection and privacy laws, or similar legislation.

9.4Violation of protected third-party rights
If third parties assert claims based on the violation of protected rights by the App or your possession or use of the App, Apple will not be liable for investigations, defence, settlement or satisfaction of such claims.

9.5US embargoes and sanctions
By accepting these Terms of Service, you confirm:

• That you are not resident in a country subject to a US government embargo or designated by the US government as a terrorist-supporting country; and
• That you are not identified on a US government list as a “prohibited or restricted party”.

9.6Apple as third-party beneficiary
You accept and declare your agreement that Apple is a third-party beneficiary under these Terms of Service and that Apple is therefore entitled to assert these Terms of Service against you. The parties to the Contract reserve the right to amend or rescind these Terms of Service, including Apple's rights under these Terms of Service; such actions do not require Apple's approval.