Welcome to Geeny the next generation data cloud service (Geeny Service) that allows you to connect your personal IoT-Devices with outstanding Services and applications (3PServices) as provided through our third party partners (Partner) powered by Telefónica Germany Next GmbH.

As an “IoT Device” we understand any technical device with an export function for the data it generates, be it (but is not limited to) with an internet or mobile network connection, Bluetooth or upload functionality as provided by the device you own and as described in the data sheet of the Device. You should make yourself familiar with your Device and its capabilities as well as with the data it collects, the purposes it collects and broadcasts data and how it allows to export data. You should find this information in the manual as provided by the manufacturer or the supporting service provider. Data can also be provided by other sources you control, such as telemedia or web based services you are registered to. The data provided by either IoT Devices or other applicable sources will in these T&C jointly be referred to as “IoT Data” stemming from “IoT Providers”.

By registering for Geeny you accept to have read, understood and comply with the following Terms and Conditions (Terms) that govern the whole process from registration of your account over the use of the Geeny Services.

  1. Geeny
    • Geeny is a platform for the ecosystem that connects to different data sources (i.e. devices or APIs). This connection allows data aggregation and management of the interaction with the data sources on behalf of the consumer. This data can be made available to third party Services within the boundaries as is legally permissive and requested by the consumer. Geeny provides access to this data and device management for Services provided by third party developers and service providers. To enable the consumer to discover the different third party services that are available, Geeny provides a Marketplace to display them. The end consumer can use direct links or the navigation within the marketplace to subscribe to the Service to enable the exchange of data and device management. Geeny provides access to these data sources for Services provided by third party Partners and Service Providers (3PProvider/3PPartner).
    • Geeny provides a Marketplace accessible for end consumers (Consumers) for the 3PServices where Consumers can subscribe to these 3PServices that make use of the data acquired and processed by Geeny.
    • Geeny Services can also be used for 3PServices that were not distributed through the Geeny Marketplace but through own distribution channels of the individual 3PPartners. These Services will also include the Geeny Registration procedure as outlined below.
    • The Geeny Service and Geeny´s obligations towards the Consumer are limited to the acquisition, processing and forwarding of the consumer owned IoT data as mandated by the Consumer through the use of his IoT Device and as needed by the 3PServices offered that cooperate with Geeny.
    • Geeny is not responsible for the 3PServices themselves that make use of the data. The legal relationship and any legal consequences out of the use of 3PServices remains solely between the Consumer and the 3PPartner.

 

  1. Registration
    • In order for a Consumer to make use of the Geeny Services, the Consumer needs to register with the Geeny Portal. With the confirmed registration Geeny accepts the offer to conclude a free usage contract which will bind the parties to these terms and conditions.
    • The Consumer warrants that information provided during the registration is true, complete and accurate. Geeny reserves the right to approve or disapprove access to the Geeny platform in its sole discretion. The Consumer is responsible and liable for all actions under his account.
    • The Consumer needs to register with his personal details, as required in the registration form for identification. These may include contact details such as E-Mail and some other data either mandatory or optional depending from the service needs. The Consumer will also have to select a login name and define a personal password.
    • All the information provided must be true and understandable and will be the legal basis for the use of the data provided.
    • After registration Geeny will verify the registration by sending out a confirmation E-Mail that has to be confirmed by the Consumer within seven days. Geeny reserves the right to delete the account in case the account is not verified after this time period. With the creation of a Geeny account, the Consumer will be granted access to the Geeny Platform. It allows him to connect various data sources (i.e. devices or APIs) to his account, store this data, discover and subscribe to 3PServices, share data with other Geeny users, manage his data sources and interact with the Geeny customer service. The Consumer has the option to decide at any time in his Geeny Consumer account section about the removal or blocking of certain devices, data and 3PServices.

 

  1. Obligations of the Consumer
    • The Consumer is responsible for his own conduct. Content in the Services may be protected by others' intellectual property rights. The Consumer must not copy, upload, download or share content unless he has the right to do so.
    • Geeny may review the Consumer´s conduct for compliance with these Terms. With that said, Geeny has no obligation to do so. Geeny is not responsible for the use and the Consumer conduct combined with the 3PServices.
    • The Consumer shall safeguard his password to the Geeny Services, and keep his account information current and confidential. The Consumer must not share his account credentials or give others access to his account.
    • The Consumer warrants that he has the full legal power to connect the selected IoT-Devices and that he is the data owner of the data provided by these devices to Geeny.
    • If the Consumer connects IoT Devices or IoT data sources from other persons (e.g. family members), he warrants to have the full authorization by these persons to use the data from these IoT Devices and sources. The Consumer further warrants to inform any other person whose device or source he is connecting to the Geeny Platform or who will use a Consumer owned device or source he connects to the Geeny Platform about the provision of data coming from this device or source to the Geeny platform.
    • The Consumer agrees not to misuse the Geeny and 3PServices or help anyone else to do so. For example, he must not even try to do any of the following in connection with the Geeny or 3PServices:
    • probe, scan, or test the vulnerability of any system or network;
    • breach or otherwise circumvent any security or authentication measures;
    • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services he hasn't been invited to;
    • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
    • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
    • send unsolicited communications, promotions or advertisements, or spam;
    • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
    • abuse referrals or promotions to get more data than deserved;
    • sell the Services unless specifically authorized to do so;
    • violate the privacy or infringe the rights of others.
    • The 3PServices themselves are not provided through Geeny and may require a separate registration with the 3PPartner as well as a separate mandate to use the IoT data for the 3PService.
    • The services are not limited to certain operating- systems or devices. It´s up to the Consumer to ensure usability and compatibility of the 3PServices distributed through the Marketplace or distributed by 3PPartners through other channels when they make use of the Geeny data.
    • All 3PService usage and use of attributed apps and software and any other kind combined with service usage have to be compliant with the legal provisions in both, Germany as the venue of Telefónica Germany Next GmbH as well as in any other country the Service shall be used by the Consumer. The use of data shall be strictly limited to the scope of the Services as provided by Geeny in the registration.

 

  1. Services implemented in the Marketplace
    • The 3PServices presented in the Marketplace are offered on behalf and at the own risk of the Consumer. Telefónica will take no responsibility for any information attributed to the 3PService as it has been provided from the 3PPartner as well as for the fitness of the service for the intended and described 3PService.
    • The presentation of the 3PService in the Geeny Marketplace shall not incur any contractual relationship between the end consumer and Telefónica for the provision of the 3PService.
    • Geeny will enter into a separate Service relationship about the data acquisition and processing from his self-owned IoT devices with the end Consumer after the Consumer has subscribed to the 3PPartner Service. The 3PPartner will not be able and not be permitted to render his 3PService to the particular consumer for the purpose combined with Geeny provided data unless the consumer has completed his personal Geeny registration and he has given his dedicated permission to use the data created by his IoT Device registered to the Geeny platform.
    • Once the consumer has registered with both, the 3PService with the 3PPartner as well as with the Geeny platform properly, and as soon as the consumer has consented to the data provision through Geeny for the dedicated 3PService and has additionally mandated the 3PPartner and the IoT Provider to use his data for the specified purpose, Geeny will grant the 3PPartner access to the data generated by the consumer´s IoT device and as being processed through the Geeny platform.

 

  1. License

Subject at all times to the Consumer´s full compliance with these Terms, Geeny grants a nonexclusive, revocable, non-sublicensable, non-transferable license to use the Geeny Platform and the data provided.

 

  1. Commercial Terms
    • Geeny will present the partner service free of charge to the Consumer in the Geeny Marketplace or through 3PServices provided by 3PPartners outside the Marketplace.
    • Telefónica reserves the right to change the pricing from time to time. Telefónica will inform the Consumer about such changes through E-Mail. The Consumer will be provided with the right to refuse such pricing changes. In this case Telefónica reserves the right to terminate the agreement and cease the data provision effective to the end of the month following to the change notification. In case the Consumer does not object the changes will become valid after expiry of a two weeks´ period.

 

  1. Liability
    • In the event of intent or gross negligence, Telefónica shall have unlimited liability.
    • For slight negligence, the liability of Telefónica shall be limited to an amount of Euro 10.000,-- , as far as no essential obligations under this Agreement have been breached which are of particular importance for the achievement of the purpose of this Agreement (cardinal obligations).
    • Liability for loss of data shall be restricted to the typical efforts needed to restore the data that would have occurred with the regular and reasonable production of backup copies.
    • In respect to injuries of life, body and health, the Parties shall have full liability notwithstanding the aforementioned restrictions to liability.
    • Telefónica does not warrant or guarantee and disclaims all liability and responsibility for the reliability, correctness and compliance of the data provided and the reliance placed on such data and Services. All service usage through the Consumer happens at his own risk. The Consumer shall be aware that the data processed through Geeny shall not be of a nature that allows to reliably assess, monitor or otherwise use the actual health status, locations or any other activity or IoT Device status. The data provided must not be used for professional purposes and Telefónica does not warrant the continuous and error free provision of any data. Any damages caused through reliance on the correctness or completeness of the data provided including damages to body, health and life that were caused due to the reliance of the data are explicitly waived.

 

 

  1. Changes to the Services and to the data provision through Geeny
    • Telefónica reserves the right to modify, enhance, further develop, change, add and remove features of Geeny Platform or Marketplace from time to time particularly where this is customary in the industry, required by applicable law and regulations, or to optimize its services and the Platform as such.
    • Telefónica reserves the right at any time to cease the data provision for the use of the 3PPartner Services through the Consumer for good cause. Such good cause includes, but is not limited to the revocation of the permission to use the IoT generated data by either the IoT data provider, the end customer or by Geeny due to any official order, complaint or any other reasonable ground.
    • Telefónica is also permitted to remove Services from the Marketplace or cease cooperation with 3PPartners also for Services outside the Marketplace in case the IoT data provider or any third party involved in the data provision ceases its business, terminates the relationship with Telefónica or feels committed to do so by any other reasonable ground.
    • Telefónica makes no representations about the existence of the IoT data providers or their readiness and fitness to provide the data or accurate data.
    • The Consumer is also obliged to inform Telefónica about any and all changes to his name, relevant contact details and business.

 

  1. Term and Termination
    • This Agreement is concluded for an indefinite term and enters into force on the date of confirmed registration in the Registration process according to Section 2.5 of these terms.
    • This Agreement can be terminated by either Party with immediate effect. The Consumer can terminate either in writing or through his Geeny account.
    • Each Party may terminate this Agreement with immediate effect, by notice given in writing by means of communication ensuring evidence and date of receipt (e.g. registered mail with return receipt, special courier), in case of a substantial breach by the other Party of the obligations arising out of this Agreement, or in case of exceptional circumstances justifying the earlier termination.
    • Furthermore, the Parties agree that the following situations for example shall be considered to justify the earlier termination by the other Party:
    • Sustained breach of an essential obligation under this Agreement by the other Party; or
    • Petition in insolvency or composition proceeding have been filed against the other PARTY;
    • The other Party has filed a petition in insolvency or composition proceedings; or
    • Infringement of the Agreement by the other Party so essential that reasonably, it cannot be expected from the terminating Party to further adhere to this Agreement.
    • After Termination for whatever cause Geeny will cease to use any of such data and Geeny has the obligation to delete any data attributed to the Consumer. The Consumer should be aware that terminating the Geeny account or prohibiting the use of certain data may impede the use of the 3PServices attributed to the Geeny Platform. Telefónica accepts no liability for any disadvantage caused or any data loss caused to the Consumer through the affected usability of the 3PService. All decisions about how to treat his data are subject to the Consumers own risk.

 

 

  1. Data Protection and Safety
    • Data Security and protection is key to Geeny´s Services. We are strictly compliant with the current data protection legislation and only use and process the Consumer data according to the needs for the service provision or as permitted by the law or mandated by the consumer. For further details about Geeny´s data protection, please refer to the Data Protection Policy as being linked hereunder
    • The data acquired from and processed through Geeny stems partly from third party providers that provide data generated by these third party´s IoT devices or other sources. The data generated by these IoT Devices or sources and aggregated by Geeny that shall be used for the 3PPartner Service will be offered and displayed in the Consumer account settings. The Consumer shall ensure that his use of the data complies with all relevant privacy and security laws, rules, and regulations.
    • The Consumer shall be aware that the 3PPartner and his IoT Device Provider shall have their own user agreement and privacy policy in place that are covering the Service use and data use as necessary for the Service. These Terms are available at the Websites of these providers.
    • In order to collect, maintain, share, store, and/or use User Data, the 3PPartner must obtain the informed consent of each Consumer, and the Partner´s user agreement and privacy policy shall be made available for a consumer’s review before the consumer registers for the use of the Partner Service. The user agreement and privacy policy shall at a minimum disclose the Partner´s practices regarding User Data and the following:
    • What data they collect;
    • How they use, store, and/or share the data;
    • Any additional parties they share data with;
    • How users may opt-out of their use, storage, and/or sharing of the data, where applicable;
    • Their data retention policy;
    • How a user can delete or request that they delete their data; and
    • What happens to data collected after a user disables their account with them or revokes their application’s access to their User Data.
    • Use of the Geeny platform and data may be subject to restrictions on rate limit, use cases, and method calls. The Consumer will not circumvent or exceed any rate limitations. If Telefónica believes that the Consumer has unreasonably exceeded rate limits or has attempted to circumvent the rate limit or authentication systems, his ability to utilize the Geeny data interface may be temporarily suspended or permanently revoked. Telefónica reserves the right to also partly suspend the provision with data acquired from certain IoT Providers if ordered so by these companies.

 

  1. Changes to these Standard Terms
    • Telefónica reserves the right to amend these T&C from time to time to cover changes to its services as for example the adding or removing of certain features or to adjust these T&C and the services to changes in applicable law and regulations and to adjust the obligations of the parties accordingly. Telefónica will inform the Consumer in writing either via email or by posting changes in the platform at least two weeks in advance of (a) such changes, (b) of Publisher’s right to object such changes and (c) of the fact that unless Consumer objects, such updated T&C will become effective upon expiry of the two weeks’ period.
    • The foregoing only applies to changes that are not material to the Agreement i.e. that they do not affect the parties’ rights and obligations in a way that the original understanding between the parties is more than just insignificantly affected.
    • If Consumer objects to a proposed change of these T&C, the then agreed version of the T&C will remain in effect. However, either party will be entitled to terminate the Agreement with two weeks’ notice.

 

  1. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Telefónica Germany Next GmbH, Georg-Brauchle-Ring 23-25, 80899 München) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the linked model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you (if any), including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’.

  1. Notices

All notices shall be in writing and addressed to the party to be served at the respective addresses or Email addresses set forth in the preamble of this Agreement.

  1. Entire Agreement

This Agreement, any schedules or exhibits hereto constitute the entire understanding and agreement between the parties relating to the subject matter hereof and supersedes all prior or contemporaneous oral or written representation, understanding, agreement or communication relating thereto. Telefónica accepts no counter offer and/or other terms and conditions.

 

 

  1. Amendments and Waiver

Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only in the form of a non-electronic record referencing this Agreement and signed by the Parties hereto.

 

  1. Force Majeure

Neither Party shall be deemed in default hereunder, nor shall it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to circumstances beyond the party’s reasonable control such as for example earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, boycott or other similar events.

 

  1. Governing Law

The Parties agree that this Agreement, and any disputes arising out of or related to this Agreement, shall be governed by, construed, and enforced in all respects in accordance with the laws of Germany. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. For all disputes arising out of or related to this Agreement, the Parties submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of Munich (Landgerichtsbezirk I), Germany.