Software Updates for Connected Devices

Siemens has sole discretion to push Connected Device updates, including any security patches, from its platform to each of the Connected Devices that use the Cloud Services in accordance with the Building Products Specific Terms.

High Risk Use

Customer acknowledges and agrees that (i) the Offerings are not designed to be used for the operation of or within a High Risk System if the functioning of the High Risk System is dependent on the proper functioning of the Offering and (ii) the outcome from any processing of data through the use of the Offering is beyond Siemens’ control. Customer shall indemnify Siemens, its Affiliates, its subcontractors, and their representatives, against any third-party claims, damages, fines and cost (including attorney’s fees and expenses) relating in any way to any use of an Offering for the operation of or within a High Risk System.

Service Level Agreement

Siemens shall use commercially reasonable efforts to make the Cloud Services available for a monthly uptime percentage of ninety-eight percent (98%).

Except for:

a) Planned downtime, agreed downtime, routine and emergency maintenance,
b) Cyberattacks,
c) the public, third party and/or customer’s internet and communications networks,
d) data, software, hardware, telecommunications, infrastructure, power, build-packs or net-working equipment not provided by Siemens,
e) Customers and Users negligence or failure in using the Cloud Service and/or in not following the instructions of published documentation,
f) system configurations and platforms not supported by Siemens,
g) system administrations, action, commands and file transfers of Customer or User,
h) modifications or alterations not made by Siemens,
i) unauthorized access via Customer’s credentials and/or
j) any other failure outside of Siemens reasonable control.

Customer Support

Siemens offers helpdesk support. Customer may contact its local Siemens representative for support requests.

Terms of Use for the Connected Devices

Customer is solely responsible for the correct configuration, security and use of the Connected Devices after installation at the connected site, ensuring that the Connected Device can connect with the service and that the content, integrity, security and accuracy of the data being transferred is correct, up-to-date, and regularly monitored.