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.

 

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.

 

Third Party Terms for Use of the Cloud Service

Software may contain third-party software, technology, and other materials, including open-source software, licensed by third parties under separate terms (“Third Party Terms”) which are specified in the “read me” files, header files, notice files, or similar files. Third Party Terms shall prevail with respect to the respective technology. If and to the extent required by Third Party Terms, Siemens will provide the source code for the respective technology upon written request and payment of any shipping charges by Customer.

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.

 

Terms of Use/Data Provisioning

Customer is providing the building data in compatible format and according to the license parameters.
It is Customer’s upfront responsibility to assure accordance with Customer’s companies’ data privacy regulations. These typically include (but are not limited to):

  • Exclude critical areas completely (e.g., development of upcoming products, unique distinctive production processes)
  • Exclude or blur the image of persons
  • Exclude any (Strictly) confidential Information on any surface (e.g., paper, walls, windows, display)
  • Exclude all security features of the building (e.g., location of security cameras, entry code, pins of any kind)
  • Exclude server rooms (used HW or any indication of installed SW, access control, purpose of the server room)
  • Exclude any displayed organizational ID and Names