End User License Agreement (EULA)

Uhlmann Smart App

1. Provider and Contracting Party

1.1

The provider of the mobile application "Uhlmann Smart App" (hereinafter "App") and contracting party for the use of the App is:

Uhlmann Sonnenschirme GmbH & Co. KG
Langer Rain 5
88524 Uttenweiler
Germany

(hereinafter "Uhlmann")

1.2

The App may use technologies of Casambi Technologies Oy. However, Casambi Technologies Oy is neither the provider of the App nor a contracting party to this End User License Agreement (hereinafter "EULA").

2. Consent to this Agreement

2.1

This EULA constitutes a legally binding agreement between you and Uhlmann.

2.2

By installing, accessing or using the App, you agree to the terms of this EULA. If you do not agree with these terms, you may neither install nor use the App.

2.3

This EULA applies in addition to any terms of use of the respective app store through which the App is provided (e.g. Apple App Store or Google Play Store). Operators of such app stores are not contracting parties to this EULA and assume no responsibility for the content or functionality of the App.

2.4

This EULA exclusively governs the use of the App.

2.5

Contractual relationships concerning the purchase of products or other services from Uhlmann are subject to separate contractual terms or General Terms and Conditions of Uhlmann, where applicable.

2.6

Certain functions of the App require the use of technologies of Casambi Technologies Oy or the control platform of Casambi Technologies Oy and are only available with suitably compatible devices. These technologies in particular enable wireless communication and control functions between compatible devices.

2.7

Insofar as additional technical requirements or terms of use of Casambi Technologies Oy apply to individual functions, such terms apply in addition. By using the respective functions, you agree to the application of such terms.

2.8

In connection with the Casambi technology, Uhlmann does not act as a representative, intermediary or vicarious agent of Casambi Technologies Oy.

3. Scope and Target Group

3.1

The App is aimed both at business users within the meaning of section 14 of the German Civil Code (BGB) and at consumers within the meaning of section 13 BGB.

3.2

Insofar as users are consumers, mandatory statutory consumer protection provisions apply.

3.3

The use of the App requires the use of compatible devices or systems.

4. Description of the App

4.1

The App is used to control, configure and manage compatible Uhlmann products, in particular motorized umbrellas and integrated lighting and control systems.

4.2

The App in particular enables wireless communication with compatible devices as well as their control, configuration and management. Communication may take place via a control platform based on technologies of Casambi Technologies Oy. In this context, wireless networks between compatible devices can also be created, managed and configured. Access to controllable devices may in particular take place via access to a corresponding network.

4.3

The App may in particular provide the following functions:

• Control of opening and closing functions of motorized umbrellas
• Control of lighting systems, in particular with regard to brightness, color temperature or comparable settings
• Management and control of individual devices or device groups
• Setup and use of scenes, time controls or other automatisations
• Visual control of devices via images, floor plans or comparable representations
• Integration of compatible control components, in particular wireless switches or comparable operating elements

4.4

The specific scope of functions of the App may in particular depend on:

• the devices used
• the respective software or firmware version
• the network configuration
• regional or technical restrictions

4.5

The App is solely intended for the control and management of compatible devices and systems. Without corresponding compatible hardware, individual or all functions of the App may be limited or unavailable.

5. Grant of License

5.1

Uhlmann grants the user a non-exclusive, non-transferable, revocable and limited license to install and use the App on compatible devices.

5.2

The license is granted solely within the scope and in accordance with this EULA.

5.3

The App is licensed, not sold.

5.4

Use is only permitted:

• on compatible devices
• in connection with compatible Uhlmann products

5.5

The user is not entitled to rent, lend, sublicense or otherwise provide the App to third parties for use.

6. Usage Restrictions

The user may in particular not:

• modify, edit or otherwise alter the App or parts thereof
• decompile, disassemble, perform reverse engineering of the App or otherwise attempt to determine the source code of the App, unless this is mandatorily permitted by law
• circumvent or impair technical protection measures or security measures of the App
• copy, distribute or otherwise make the App or parts thereof available to third parties for use, unless this is expressly permitted by this EULA
• use the App for the development or operation of competing software or systems
• use the App for unlawful purposes

7. Network-Based Use and Access Responsibility

7.1

Use of the App takes place in connection with networks via which compatible devices are connected to each other.

7.2

Access to controllable devices may in particular occur by a user obtaining access to a corresponding network and using this network via the App.

7.3

Uhlmann does not provide central user account management or role-based access control within the App.

7.4

The user is responsible for organizing access to networks and use of the App in such a way that unauthorized access is prevented.

7.5

The user is also responsible for the actions of persons to whom the user grants access to a network used or managed by the user.

8. Third-Party Software and Technologies

8.1

The App may contain or use software components or technologies of third parties. These in particular include technologies of Casambi Technologies Oy. These technologies in particular enable wireless communication and control functions between compatible devices.

8.2

Insofar as functions of the App are based on third-party software or third-party technologies, additional license terms, terms of use or technical requirements of the respective third-party providers may apply to their use.

8.3

Changes or limitations of third-party technologies (e.g. modification of APIs, removal of functions, changes to compatibility) may impact the functionality of individual functions of the App, and Uhlmann has no influence on this.

9. Updates and Changes

9.1

From time to time, Uhlmann may provide updates or new versions of the App in order to:

• close security vulnerabilities
• extend or adapt functions
• ensure technical compatibility with devices, operating systems or platform technologies

Insofar as the App is provided to consumers within the meaning of section 13 BGB, statutory obligations to provide updates and maintain conformity with the contract remain unaffected.

9.2

Certain functions of the App may be limited or no longer available without the installation of updates.

9.3

Uhlmann reserves the right to change, adapt or discontinue functions of the App insofar as this is necessary for technical, security-related or operational reasons.

10. Availability of the App

10.1

Uhlmann does not warrant uninterrupted or constantly error-free availability of the App or of the functions provided via it.

10.2

The functionality of the App may in particular be impaired by:

• network or internet disruptions
• radio connections or other wireless communication connections
• the devices used or their firmware versions
• maintenance work, updates or technical changes to the App
• changes or limitations of third-party software or third-party technologies

11. Technical Requirements

11.1

Use of the App requires compatible devices and supported operating system versions.

11.2

Communication between the App and compatible devices may in particular occur via wireless connections (e.g. Bluetooth) or other network connections.

11.3

The functionality of the App may be influenced by technical circumstances, in particular by:

• the range of radio connections
• structural conditions or interference
• the devices used or their firmware versions as well as network or internet connections

11.4

Communication between compatible devices may take place via wireless networks or other communication protocols. Uhlmann assumes no warranty that control commands will always be transmitted immediately or completely between the App and compatible devices or between compatible devices. Delays or interruptions may in particular arise from technical circumstances, network conditions or device compatibility.

12. Automated Functions

12.1

The App may provide functions for the automated control of compatible devices, in particular scenes, time controls or other automated processes.

12.2

Such functions may result in devices or device groups being activated, deactivated or having their operating state changed automatically.

12.3

The user is responsible for configuring and using automated functions in such a way that no danger arises for persons, property or the environment.

12.4

Uhlmann assumes no responsibility for damage resulting from the use of automated functions or from incorrect configurations, insofar as this is legally permissible.

13. Safety and Intended Use

13.1

The App is intended exclusively for the proper control and management of compatible devices and systems.

13.2

The user is responsible for configuring and using the App and the associated devices in such a way that no danger arises for persons, property or the environment.

13.3

The App is not intended for use in safety-critical or security-relevant systems where malfunctions can lead to significant damage or hazards.

14. Data Processing

14.1

In the course of using the App, data may be processed, in particular:

• device identifiers
• usage data
• configuration information

14.2

Further information on the processing of personal data can be found in Uhlmann's privacy policy.

14.3

Insofar as functions of the App use technologies of Casambi Technologies Oy, data may also be processed by the respective systems of these technologies in connection with the use of such functions.

15. Open-Source Software

15.1

The App may contain software components that are provided under open-source licenses. Where such open-source licenses apply, their license terms take precedence over the provisions of this EULA to the respective extent.

15.2

Information on the open-source components used and the corresponding license terms can be viewed within the App or in the associated documentation.

16. Warranty

16.1

The App is provided within the existing technical and operational possibilities. The App is software for controlling compatible devices and is not intended as an independent functional product.

16.2

Uhlmann does not warrant that the App is at all times error-free, uninterrupted or compatible with all devices, operating system versions or software environments.

16.3

The functionality of the App may in particular depend on the devices used, their firmware or software as well as on network or radio connections.

16.4

With respect to businesses within the meaning of section 14 BGB, the warranty for material and legal defects of the App is excluded to the extent permitted by law. The foregoing provisions do not apply if Uhlmann has fraudulently concealed a defect or assumed a guarantee.

16.5

For consumers within the meaning of section 13 BGB, the statutory warranty rights apply.

17. Liability

17.1

Uhlmann is liable without limitation:

• in cases of intent or gross negligence
• in case of injury to life, body or health
• under the provisions of the German Product Liability Act

17.2

In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), Uhlmann's liability is limited to the typically foreseeable damage. Cardinal obligations are obligations whose fulfillment enables the proper performance of the use of the App in the first place and on whose observance the user regularly relies. Otherwise, Uhlmann's liability for damage arising from slightly negligent breaches of duty is excluded.

17.3

With respect to entrepreneurs within the meaning of section 14 BGB, Uhlmann's liability for indirect damage, in particular loss of profit, business interruptions or data losses, is excluded.

17.4

The above limitations of liability also apply in favor of Uhlmann's legal representatives, employees and vicarious agents.

17.5

The user is responsible for ensuring that the use of the App and the control of connected devices complies with the respective operating instructions, safety requirements and local conditions.

17.6

Use of the App does not replace the proper operation, monitoring and maintenance of the connected devices.

17.7

In particular for automated controls, responsibility for safe configuration and use lies with the user.

17.8

Uhlmann's liability in connection with the use of the App extends solely to the provision of the software. The respective operator or manufacturer is responsible for the installation, assembly, maintenance or technical condition of the connected devices or systems.

17.9

The above limitations of liability do not apply insofar as mandatory statutory provisions, in particular in favor of consumers, conflict with them.

18. Intellectual Property

18.1

All rights to the App and its components, in particular to software, designs, texts, graphics, trademarks and other content, are held by Uhlmann or the respective licensors.

18.2

This EULA grants the user only the rights of use expressly granted in this agreement. No further rights, in particular to intellectual property of Uhlmann or third parties, are granted to the user.

18.3

Trademarks, names or logos of third parties remain the property of the respective rights holders.

19. Term and Termination

19.1

This EULA applies from the time of installation or use of the App and remains in force as long as the user uses the App.

19.2

The user may terminate use of the App at any time by removing the App from their device.

19.3

Uhlmann is entitled to terminate or restrict the rights of use under this EULA if the user breaches essential provisions of this EULA, in particular if the user:

• breaches the usage restrictions according to section 6
• circumvents technical protection measures or security mechanisms of the App
• unlawfully makes the App available to third parties for use
• uses the App for unlawful purposes

19.4

In the event of termination, the user must immediately cease use of the App and remove the App from their devices.

20. Changes to this EULA

20.1

Uhlmann reserves the right to amend or update this EULA from time to time, in particular to reflect changes to the App, legal requirements or technical developments.

20.2

The current version of the EULA will be provided within the App or in another suitable manner.

20.3

Continued use of the App after a revised version comes into effect is deemed acceptance of the respective changes.

20.4

If the user does not agree with the changes, the user must stop using the App and remove the App from their devices.

21. Applicable Law and Place of Jurisdiction

21.1

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

21.2

If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this EULA is the registered office of Uhlmann.

21.3

Mandatory statutory consumer protection provisions remain unaffected.

22. Consumer Dispute Resolution and Online Dispute Resolution

Uhlmann is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

23. Final Provisions

23.1

Should individual provisions of this EULA be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

23.2

In place of the invalid or unenforceable provision, the statutory provisions shall apply.

Status: March 2026