Terms of Service
Terms of Service for KEMPER Connect Cloud
General Terms and Conditions (GTC) – KEMPER Connect
As of February 12, 2026
1. Scope and Contracting Parties
1.1 Contracting Parties
These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between you (hereinafter referred to as “Customer,” “you,” or “User”) and
KEMPER GmbH Von-Siemens-Str. 20, 48691 Vreden, Germany Managing Directors: Björn Kemper, Frederic Lanz (hereinafter referred to as “KEMPER Connect,” “we,” or “us”)
regarding the use of the KEMPER Connect platform and all associated media forms, media channels, mobile websites, or mobile applications (collectively, the “Platform”).
1.2 Scope
These Terms and Conditions apply to all contracts for the use of the Platform and the services offered through it. By accessing the Platform or registering, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them.
Note for entrepreneurs: The Platform is intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity. Use by consumers within the meaning of § 13 BGB is not intended.
1.3 Changes to the Terms and Conditions
We reserve the right to change or supplement these Terms and Conditions at any time at our own discretion. We will inform you of any changes by updating the “Status” date of these Terms and Conditions. It is your responsibility to review these Terms and Conditions regularly to stay informed of any updates. By continuing to use the platform after the publication of amended Terms and Conditions, you agree to the changes.
1.4 Supplementary Terms and Conditions
Supplementary terms and conditions or documents published on the platform from time to time are hereby expressly incorporated into these Terms and Conditions. In the event of a conflict between these Terms and Conditions and individually agreed terms and conditions, the latter shall prevail.
2. Subject matter of the contract and description of services
2.1 Platform and services
KEMPER Connect is a cloud-based IoT (Internet of Things) platform that enables companies to connect IoT devices and visualize, store, and analyze data. The specific services depend on the selected tariff and the current service description on the platform.
2.2 Availability
The platform is provided as Software-as-a-Service (SaaS). The specific availability commitments are set out in Section 6 (Service Level Agreement).
2.3 Further development
We are entitled to further develop, modify, or discontinue the platform and its functions at any time, provided that this is reasonable for the customer and does not impair the essential purposes of the contract.
3. Registration and user account
3.1 Registration requirement
Registration is required to use the platform. You agree to provide truthful, current, and complete information when registering and to update this information immediately in the event of any changes.
3.2 Account security
You are responsible for keeping your access data confidential and are liable for all activities that take place under your account. If you suspect unauthorized use of your account, you are obliged to inform us immediately.
3.3 Usernames
We reserve the right to remove, reclaim, or change usernames if we determine, at our sole discretion, that a username is inappropriate, offensive, or otherwise unacceptable.
3.4 Minimum age
The platform is intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register on the platform.
4. Contract term and termination
4.1 Contract term
The contract term is determined by the selected tariff or individual agreement.
4.2 Termination by the customer
You can terminate your access at any time by logging into your account or contacting us using the contact details provided below. The termination will take effect at the end of the current contract term.
4.3 Termination by KEMPER Connect
We reserve the right to deny, restrict, or terminate your access to the platform without prior notice and at our sole discretion, in particular in the event of violations of these Terms and Conditions or applicable law. We may terminate or delete your account and any content or information you have posted at any time and without warning at our sole discretion.
4.4 Consequences of termination
After termination or cancellation of your account, you are prohibited from re-registering under your name, a false or borrowed name, or the name of a third party , even if you may be acting on behalf of the third party.
4.5 Complaints
If you are dissatisfied with our services, please contact us at [email protected] or by phone at +49 (0) 2564 68 0.
5. Licenses and voucher system
5.1 License requirement
A valid license is required to use the platform for registered devices. Licenses are activated via a voucher system.
5.2 Trial licenses for new customers
When you register a new device on the platform for the first time, you will receive a free trial license valid for six (6) months. The trial license allows full use of all platform functions for the registered device during the trial period.
5.3 Trial licenses for migration customers
Customers
migrating from an older version of the platform to KEMPER Connect will receive a trial license with a term of sixty (60) days. This migration period begins at the time of migration of the respective device.
5.4 Voucher system
After the trial license expires, voucher codes must be purchased in order to continue using the platform:
Purchase: Vouchers can be purchased directly from KEMPER GmbH or through authorized sales partners.
Redemption: Voucher codes are entered via the platform and activate the corresponding license for the respective device.
Validity: The term and scope of the license activated by a voucher depend on the respective voucher type.
5.5 Expiration of the license
After a trial license or a license activated by a voucher expires without renewal:
Access to the affected device and its data may be restricted or deactivated.
Stored data will be treated in accordance with our privacy policy.
Reactivation is possible at any time by entering a valid voucher code.
5.6 No refund
Voucher codes are non-refundable after purchase. Unredeemed voucher codes remain usable in accordance with their specified period of validity.
6. Service Level Agreement (SLA)
6.1 Availability
KEMPER Connect aims for a monthly platform availability of 99.5%. Availability is calculated as follows:
Availability (%) = ((Total minutes in the month - Downtime minutes) / Total minutes in the month) × 100
6.2 Exceptions
The following times are not taken into account when calculating availability:
Scheduled maintenance windows: Maintenance work is announced in advance whenever possible and carried out outside normal business hours.
Force majeure: Events beyond our reasonable control (e.g., natural disasters, war, acts of terrorism, power outages, Internet outages caused by third-party providers) .
Customer-caused outages: Outages caused by the customer or their end users.
Third-party services: Outages of third-party services over which we have no control.
6.3 Outage notification
In the event of planned maintenance work or known disruptions, we will inform you via the platform, by email, or via our status page, if possible.
6.4 Support
Support requests can be made via the platform, by email to [email protected], or via our live chat. We endeavor to process requests promptly.
6.5 No guarantee
The SLA represents a target. Failure to meet the targeted availability does not entitle you to compensation, reduction, or credit, unless this has been agreed separately.
7. Rights of Use and Licenses
7.1 Ownership of the Platform
Unless otherwise specified, the platform and all content contained therein, including source code, databases, functions,
software, website designs, audio, video, text, photos, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Trademarks”) are our property or are under our control and are protected by copyrights, trademark rights, and various other industrial property rights.
# 7.2 Limited License
Provided that you are authorized to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your business purposes.
7.3 Reserved Rights
We reserve all rights not expressly granted to you in relation to the Platform, the Content, and the Trademarks. No part of the Platform, the Content, or the Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise used for commercial purposes.
8. User Obligations / Prohibited Activities
8.1 General Obligations
As a user of the Platform, you represent and warrant that:
All registration information you submit is true, accurate, current, and complete.
You will maintain the accuracy of this information and update it promptly as necessary.
You have the legal capacity to enter into this agreement and agree to comply with these Terms and Conditions.
You will not use the Platform for any illegal or unauthorized purpose.
Your use of the Platform does not violate any applicable laws or regulations.
8.2 Prohibited Activities
You may not use the platform for any purpose other than those intended by us. In particular, it is prohibited to:
Systematically retrieve data or other content from the platform to directly or indirectly create a collection, compilation, database, or directory without our written permission.
Use the platform without authorization, including collecting user names and/or email addresses from users by electronic or other means for the purpose of sending unsolicited emails.
Bypass, disable, or otherwise interfere with security-related features of the platform.
Disrupt, interrupt, or impose an unreasonable or disproportionately large load on the platform or the networks or services connected to it.
Attempt to impersonate another user or person.
Sell or otherwise transfer your profile.
Decrypt, decompile, disassemble, or reverse engineer any software comprising or in any way part of the platform.
Upload or transmit viruses, Trojan horses, or other material that interferes with the uninterrupted use of the platform by third parties.
Use automated systems, including spiders, robots, scrapers, or offline readers, to access the platform.
Use the platform in a manner that is inconsistent with applicable laws or regulations.
9. User Content and Contributions
9.1 Responsibility for Content
You may be given the opportunity to create, submit, post, display, transmit, publish, or distribute content and materials on the Platform (collectively, “Contributions”). You are solely responsible for your Contributions.
9.2 Representations Regarding Contributions
When you create or make available any Contributions, you represent and warrant that:
The creation, distribution, transmission, public display or performance, and access, downloading or copying of your Contributions does not infringe the proprietary rights of any third party, including copyrights, patents, trademarks, trade secrets or personality rights.
You are the creator and owner of your Contributions or have the necessary licenses, rights, consents, and permissions to use your Contributions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions do not constitute unsolicited or unauthorized advertising.
Your contributions do not violate applicable law.
9.3 License to Contributions
We do not claim ownership of your contributions. You retain full ownership of all your contributions and all associated intellectual property rights. We are not liable for any statements or representations in your contributions.
9.4 Feedback
By submitting suggestions or other feedback regarding the platform, you agree that we may use and share this feedback for any purpose without compensation to you.
10. Order processing (AVV)
10.1 Customer Processing
If, as a customer, you transfer personal data of your end customers, employees, or other data subjects to the platform, you are generally the controller within the meaning of the GDPR. KEMPER Connect processes this data as a processor.
10.2 Data Processing Agreement
For the processing of personal data on behalf of the customer, we conclude a separate Data Processing Agreement (DPA) in accordance with Art. 28 GDPR. The DPA is available on request at [email protected] or can be accessed via the platform.
10.3 Obligations of the customer
As the controller, you are responsible for ensuring that the processing of personal data via the platform is carried out in accordance with the applicable data protection laws, in particular that you have a suitable legal basis for the processing and that you inform the data subjects accordingly.
11. AI-supported functions
11.1 Use of AI services
The platform may contain AI-supported features provided by third-party providers such as OpenAI and Anthropic. These features may include, for example, text generation, intelligent assistants, or data analysis.
11.2 No warranty
We do not guarantee the accuracy, completeness, or suitability of AI-generated content. AI-generated results may contain errors and should be checked before use.
11.3 User responsibility
You remain responsible for the use and further processing of AI-generated content.
The use of AI functions is at your own risk.
11.4 Data protection
Information on the processing of data by AI services can be found in our privacy policy.
12. Mobile applications
12.1 License of use
If you access the platform via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on those devices, strictly in accordance with the terms of this license agreement.
12.2 Restrictions
You may not:
Decompile, reverse engineer, disassemble, or attempt to derive the source code of the application.
Create modifications, adaptations, improvements, or derivative works from the application.
Use the application for revenue-generating ventures or commercial purposes for which it is not designed or intended.
Make the application available over a network or other environment that allows access or use by multiple devices or users simultaneously.
Use the Application to create a product, service, or software that directly or indirectly competes with the Application.
12.3 Apple and Android Devices
The following terms apply if you use a mobile application from the Apple Store or Google Play (each, an “App Distributor”): The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that uses the Apple iOS or Android operating system and in accordance with the usage rules set forth in the terms of use of the respective App Distributor.
13. Third-Party Content and Links
13.1 Links to Third-Party Websites
The Platform may contain links to other websites (“Third-Party Websites”) as well as articles, photos, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or elements originating from third parties (“Third-Party Content”).
13.2 No Responsibility
We do not investigate, monitor, or review such third-party websites and third-party content for accuracy, appropriateness, or completeness, and we are not responsible for third-party websites accessed through the platform or for third-party content posted, available or installed on the Platform.
13.3 User Risk
The inclusion of, linking to, or permitting the use or installation of third-party websites or third-party content does not imply endorsement or approval by us. If you decide to leave the Platform and access third-party websites or use or install third-party content, you do so at your own risk.
14. Data protection
14.1 Privacy policy
We attach great importance to data protection and data security. Please read our privacy policy. By using the platform, you agree to our privacy policy, which is part of these Terms and Conditions.
14.2 Hosting location
The platform is hosted in Germany. If you access the platform from another region of the world, your continued use of the platform constitutes your consent to the transfer of your data to Germany and its processing there.
15. Warranty and limitation of liability
15.1 Provision “as is”
The platform is provided on an “as is” and “as available” basis. You agree that your use of the platform and our services is at your sole risk.
15.2 Limitation of liability
To the extent permitted by law, we shall only be liable without limitation for damages resulting from intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents, as well as for damages resulting from injury to life, limb, or health.
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), our liability shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
Otherwise, liability for slight negligence is excluded.
15.3 Maximum liability limit
Notwithstanding the above provisions, our liability for all claims arising from a contractual relationship is limited to the amount of remuneration paid to us by you in the last twelve (12) months prior to the event causing the damage, but at least to an amount of EUR 1,000.
15.4 No guarantee for third-party content
We do not assume any warranty, endorsement, or responsibility for products or services advertised or offered by third parties via the platform.
16. Indemnification
You agree to indemnify and hold us, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees harmless from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Your use of the Platform;
Any breach of these Terms and Conditions;
Any breach of your representations and warranties under these Terms and Conditions;
Your infringement of the rights of third parties, including intellectual property rights; or
Any manifestly harmful act towards other users of the Platform.
Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claim at your expense.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate at your expense in our defense of such claims.
17. Changes to the Terms and Conditions
We reserve the right to change, modify, or remove the content of the platform at any time and without notice at our sole discretion. However, we are not obligated to update information on our platform. We also reserve the right to change or discontinue the platform in whole or in part without notice. We shall not be liable to you or any third party for any changes, price changes, suspensions, or discontinuations of the platform.
18. Applicable Law and Jurisdiction
18.1 Applicable law
These Terms and Conditions are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 Place of jurisdiction
If you are an entrepreneur, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is the registered office of KEMPER GmbH (Vreden, Germany).
18.3 EU consumers
If you have your habitual residence in the EU and are a consumer, you also enjoy the protection of the mandatory provisions of the law of your country of residence. KEMPER GmbH and you agree to submit to the non-exclusive jurisdiction of the courts in North Rhine-Westphalia -Westfalen, which means that you can assert your consumer rights in Germany or in the EU country in which you reside.
18.4 Online dispute resolution
The European Commission provides a platform for online dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this issue to our attention, please contact us.
19. Additional provisions for US users
The following provisions apply additionally to users who are located in the United States of America or access the platform from there.
19.1 Industry-specific regulations
The platform is not designed to comply with industry-specific regulations, including the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or others. If your interactions would be subject to such laws, you may not use this platform. You may not use the platform in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).
19.2 U.S. Government Rights
Our Services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our Services are purchased by or on behalf of a government agency outside the Department of Defense, our Services are subject to the terms and conditions of these Terms and Conditions pursuant to FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our Services are purchased by or on behalf of a government agency within the Department of Defense, our Services are subject to the terms and conditions of these Terms and Conditions pursuant to Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3.
19.3 California Users and Residents
If a complaint is not satisfactorily resolved by us, you may write to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd. , Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
20. Final Provisions
20.1 Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us.
20.2 Waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
20.3 Assignment
We may assign our rights and obligations, in whole or in part, to any third party at any time.
20.4 Force Majeure
We are not responsible or liable for any loss, damage, delay, or failure caused by causes beyond our reasonable control.
20.5 Severability
If any provision or part of a provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
20.6 No joint venture
These Terms and Conditions or the use of the Platform do not create a joint venture, partnership, employment, or agency relationship between you and us.
20.7 Written form
Amendments and additions to these Terms and Conditions must be made in writing to be effective. This also applies to the waiver of this written form requirement.
20.8 Electronic communication
Visiting the platform, sending emails to us, and filling out online forms constitute electronic communication. You agree to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email and on the platform satisfy all legal requirements.
21. Contact
If you have any questions about these Terms and Conditions or the platform, please contact us at:
KEMPER GmbH Von-Siemens-Str. 20 48691 Vreden Germany
Phone: +49 (0) 2564 68 0 Email: [email protected]
#22. User Data
We will store certain data that you submit to the platform for the purpose of managing the performance of the platform, as well as data about your use of the platform. Although we perform regular routine backups of data, you are solely responsible for any data you submit or that relates to activities you have undertaken using the platform. You agree that we are not liable to you for any loss or damage to such data, and you hereby waive any right of action against us arising from any such loss or damage to such data.
23. Administration of the platform
We reserve the right, but are not obligated, to monitor the Platform for violations of these Terms and Conditions and to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including, but not limited to, reporting such user to law enforcement authorities.
We also reserve the right, at our sole discretion and without limitation, notice, or liability:
Deny, restrict, or block access to the platform for certain users
Remove any files and content that are excessively large or burden our systems in any way
Otherwise manage the platform in a manner that protects our rights and property and the proper functioning of the platform
24. Corrections
There may be information on the platform that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the platform at any time without prior notice.
General Terms and Conditions (GTC) – KEMPER Connect
As of February 12, 2026
1. Scope and Contracting Parties
1.1 Contracting Parties
These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between you (hereinafter “Customer,” “you,” or “User”) and
KEMPER GmbH Von-Siemens-Str. 20, 48691 Vreden, Germany Managing Directors: Björn Kemper, Frederic Lanz (hereinafter referred to as “KEMPER Connect,” “we,” or ‘us’)
regarding the use of the KEMPER Connect platform and all associated media forms, media channels, mobile websites, or mobile applications (collectively referred to as the “Platform”).
1.2 Scope
These Terms and Conditions apply to all contracts for the use of the Platform and the services offered through it. By accessing the Platform or registering, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them.
Note for entrepreneurs: The Platform is intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e., natural or legal persons or partnerships with legal capacity who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity. Use by consumers within the meaning of § 13 BGB is not intended.
1.3 Changes to the Terms and Conditions
We reserve the right to change or supplement these Terms and Conditions at any time at our own discretion. We will inform you of any changes by updating the “Status” date of these Terms and Conditions. It is your responsibility to review these Terms and Conditions regularly to stay informed of any updates. By continuing to use the platform after the publication of amended Terms and Conditions, you agree to the changes.
1.4 Supplementary Terms and Conditions
Supplementary terms and conditions or documents published on the platform from time to time are hereby expressly incorporated into these Terms and Conditions. In the event of a conflict between these Terms and Conditions and individually agreed terms and conditions, the latter shall prevail.
2. Subject Matter of the Contract and Description of Services
2.1 Platform and Services
KEMPER Connect is a cloud-based IoT (Internet of Things) platform that enables companies to connect IoT devices and visualize, store, and analyze data. The specific services depend on the selected tariff and the current service description on the platform.
2.2 Availability
The platform is provided as Software-as-a-Service (SaaS). The specific availability commitments are set out in Section 6 (Service Level Agreement).
2.3 Further development
We are entitled to further develop, change, or discontinue the platform and its functions at any time, provided this is reasonable for the customer and does not impair the essential purposes of the contract.
3. Registration and user account
3.1 Registration requirement
Registration is required to use the platform. You agree to provide truthful, current, and complete information when registering and to update this information immediately in the event of any changes.
3.2 Account security
You are responsible for keeping your access data confidential and are liable for all activities that take place under your account. If you suspect unauthorized use of your account, you are obliged to inform us immediately.
3.3 Usernames
We reserve the right to remove, reclaim, or change usernames if we determine, at our sole discretion, that a username is inappropriate, offensive, or otherwise unacceptable.
3.4 Minimum age
The platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register on the platform.
4. Contract term and termination
4.1 Contract term
The contract term is determined by the selected tariff or individual agreement.
4.2 Termination by the customer
You can terminate your access at any time by logging into your account or contacting us using the contact details provided below. The termination will take effect at the end of the current contract term.
4.3 Termination by KEMPER Connect
We reserve the right to deny, restrict, or terminate your access to the platform without prior notice and at our sole discretion, in particular in the event of violations of these Terms and Conditions or applicable law. We may terminate or delete your account and any content or information you have posted at any time and without warning at our sole discretion.
4.4 Consequences of termination
After termination or cancellation of your account, you are prohibited from re-registering under your name, a false or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party.
4.5 Complaints
If you are dissatisfied with our services, please contact us at [email protected] or by phone at +49 (0) 2564 68 0.
5. Licenses and voucher system
5.1 License requirement
A valid license is required to use the platform for registered devices. Licenses are activated via a voucher system.
5.2 Trial licenses for new customers
When you register a new device on the platform for the first time, you will receive a free trial license valid for six (6) months. The trial license allows full use of all platform functions for the registered device during the trial period.
5.3 Trial licenses for migration customers
Customers migrating from an older version of the platform to KEMPER Connect receive a trial license with a term of sixty (60) days. This migration period begins at the time of migration of the respective device.
5.4 Voucher system
After the trial license expires, voucher codes must be purchased in order to continue using the platform:
Purchase: Vouchers can be purchased directly from KEMPER GmbH or through authorized sales partners.
Redemption: Voucher codes are entered via the platform and activate the corresponding license for the respective device.
Validity: The term and scope of the license activated by a voucher depend on the respective voucher type.
5.5 Expiration of the license
After a trial license or a license activated by a voucher has expired without renewal:
Access to the affected device and its data may be restricted or deactivated.
Stored data will be treated in accordance with our privacy policy.
Reactivation is possible at any time by entering a valid voucher code.
5.6 No refund
Voucher codes are non-refundable after purchase. Unredeemed voucher codes remain usable in accordance with their specified validity period.
6. Service Level Agreement (SLA)
6.1 Availability
KEMPER Connect aims for a monthly platform availability of 99.5%. Availability is calculated as follows:
Availability (%) = ((Total minutes in the month - Downtime minutes) / Total minutes in the month) × 100
6.2 Exceptions
The following times are not taken into account when calculating availability:
Scheduled maintenance windows: Maintenance work is announced in advance whenever possible and carried out outside normal business hours.
Force majeure: Events beyond our reasonable control (e.g., natural disasters, war, acts of terrorism, power outages, Internet outages caused by third-party providers).
Customer-caused outages: Outages caused by the customer or its end users.
Third-party services: Outages of third-party services over which we have no control.
6.3 Outage notification
In the event of planned maintenance work or known outages, we will inform you via the platform, by email, or via our status page, if possible.
6.4 Support
Support requests can be made via the platform, by email to [email protected], or via our live chat. We endeavor to process requests promptly.
6.5 No guarantee
The SLA represents a target. Failure to meet the targeted availability does not entitle you to compensation, reduction, or credit, unless this has been agreed separately.
7. Rights of use and licenses
7.1 Ownership of the Platform
Unless otherwise stated, the Platform and all content contained therein, including source code, databases, functions, software, website designs, audio,
video, text, photos, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Trademarks”) are our property or are under our control and are protected by copyrights, trademark rights, and various other industrial property rights.
7.2 Limited License
Provided that you are authorized to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your business purposes.
7.3 Reserved Rights
We reserve all rights not expressly granted to you in relation to the Platform, the Content, and the Trademarks. No part of the Platform, Content, or Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
8. User Obligations / Prohibited Activities
8.1 General Obligations
As a user of the Platform, you represent and warrant that:
All registration information you submit is true, accurate, current, and complete.
You will maintain the accuracy of this information and update it promptly as necessary.
You have the legal capacity to enter into a contract and agree to comply with these Terms and Conditions.
You will not use the platform for any illegal or unauthorized purpose.
Your use of the platform does not violate with any applicable law or regulation.
8.2 Prohibited Activities
You may not use the platform for any purpose other than those intended by us. In particular, it is prohibited to:
Systematically retrieve data or other content from the platform to directly or indirectly create a collection, compilation, database, or directory without our written permission.
Use the platform without authorization, including collecting user names and/or email addresses from users by electronic or other means for the purpose of sending unsolicited emails.
Bypass, disable, or otherwise interfere with security-related features of the platform.
Disrupt, interrupt, or impose an unreasonable or disproportionately large load on the platform or the networks or services connected to it.
Attempt to impersonate another user or person.
Sell or otherwise transfer your profile.
Decrypt, decompile, disassemble, or reverse engineer any software comprising or in any way part of the platform.
Upload or transmit any viruses, Trojan horses, or other material that interferes with the uninterrupted use of the platform by third parties.
Use automated systems, including spiders, robots, scrapers, or offline readers, to access the platform.
Use the platform in a manner that is inconsistent with applicable laws or regulations.
9. User Content and Contributions
9.1 Responsibility for Content
You may be given the opportunity to create, submit, post, display, transmit, publish, or distribute content and materials on the platform (collectively, “Contributions”). You are solely responsible for your Contributions.
9.2 Representations Regarding Contributions
When you create or make available Contributions, you represent and warrant that:
The creation, distribution, transmission, public display or performance, and access, downloading or copying of your Contributions does not violate the proprietary rights of any third party, including copyrights, patents, trademarks, trade secrets or personality rights.
You are the creator and owner of your Contributions or have the necessary licenses, rights, consents, and permissions to use your Contributions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions do not constitute unsolicited or unauthorized advertising.
Your contributions do not violate applicable law.
9.3 License to Contributions
We do not claim ownership of your contributions. You retain full ownership of all your contributions and all associated intellectual property rights. We are not liable for any statements or representations in your contributions.
9.4 Feedback
By submitting suggestions or other feedback regarding the platform, you agree that we may use and share this feedback for any purpose without compensation to you.
10. Order processing (AVV)
10.1 Customer processing
If, as a customer, you transfer personal data of your end customers, employees, or other affected persons to the platform, you are generally the controller within the meaning of the GDPR. KEMPER Connect processes this data as a processor.
10.2 Data Processing Agreement
For the processing of personal data on behalf of the customer, we conclude a separate Data Processing Agreement (DPA) in accordance with Art. 28 GDPR. The DPA is available on request at [email protected] or can be accessed via the platform.
10.3 Obligations of the customer
As the controller, you are responsible for ensuring that the processing of personal data via the platform is carried out in accordance with the applicable data protection laws, in particular that you have a suitable legal basis for the processing and that you inform the data subjects accordingly.
11. AI-supported functions
11.1 Use of AI services
The platform may contain AI-supported functions provided by third-party providers such as OpenAI and Anthropic. These functions may include, for example, text generation, intelligent assistants, or data analysis.
11.2 No warranty
We do not guarantee the accuracy, completeness, or suitability of AI-generated content. AI-generated results may contain errors and should be checked before use.
11.3 User responsibility
You remain responsible for the use and further processing of AI-generated content. The use of AI features is at your own risk.
11.4 Data protection
Information on the processing of data by AI services can be found in our privacy policy.
12. Mobile applications
12.1 License of use
If you access the platform via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on those devices, strictly in accordance with the terms of this license agreement.
12.2 Restrictions
You may not:
Decompile, reverse engineer, disassemble, or attempt to derive the source code of the application.
Create modifications, adaptations, improvements, or derivative works based on the application.
Use the application for revenue-generating ventures or commercial purposes for which it is not designed or intended.
Make the application available via a network or other environment that allows access or use by multiple devices or users simultaneously.
Use the application to create a product, service, or software that directly or indirectly competes with the application.
12.3 Apple and Android devices
The following terms apply if you use a mobile application from the Apple Store or Google Play (each an “App Distributor”): The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that uses the Apple iOS or Android operating system and in accordance with the rules of use set forth in the terms of use of the respective App Distributor. distributor.
13. Third-Party Content and Links
13.1 Links to Third-Party Websites
The Platform may contain links to other websites (“Third-Party Websites”) as well as articles, photos, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or elements originating from third parties (“Third-Party Content”).
13.2 No Responsibility
We do not investigate, monitor, or review such third-party websites and third-party content for accuracy, appropriateness, or completeness, and we are not responsible for third-party websites accessed through the platform or for third-party content posted, available, or installed on the platform.
13.3 User Risk
The inclusion of, linking to, or permitting the use or installation of third-party websites or third-party content does not imply our endorsement or approval. If you decide to leave the Platform and access third-party websites or use or install third-party content, you do so at your own risk.
14. Data protection
14.1 Privacy policy
We attach great importance to data protection and data security. Please read our privacy policy. By using the platform, you agree to our privacy policy, which is part of these Terms and Conditions.
14.2 Hosting Location
The platform is hosted in Germany. If you access the platform from another region of the world, your continued use of the platform constitutes your consent to the transfer of your data to Germany and its processing there.
15. Warranty and Limitation of Liability
15.1 Provision “as is”
The platform is provided on an “as is” and “as available” basis. You agree that your use of the platform and our services is at your sole risk.
15.2 Limitation of Liability
To the extent permitted by law, we shall only be liable without limitation for damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents, as well as for damages resulting from injury to life, limb, or health.
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), our liability shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
Otherwise, liability for slight negligence is excluded.
15.3 Maximum liability limit
Notwithstanding the above provisions, our liability for all claims arising from a contractual relationship is limited to the amount of remuneration paid to us by you in the last twelve (12) months prior to the event causing the damage, but at least to an amount of EUR 1,000.
15.4 No guarantee for third-party content
We do not assume any warranty, endorsement, or responsibility for products or services advertised or offered by third parties via the platform.
16. Indemnification
You agree to indemnify and hold us, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees harmless from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Your use of the Platform;
Any breach of these Terms and Conditions;
Any breach of your representations and warranties under these Terms and Conditions;
Your infringement of the rights of third parties, including intellectual property rights; or
Any manifestly harmful act towards other users of the Platform
.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate at your expense in our defense of such claims.
17. Changes to the Terms and Conditions
We reserve the right to change, modify, or remove the content of the platform at any time and without notice at our sole discretion. However, we are not obligated to update information on our platform. We also reserve the right to change or discontinue the platform in whole or in part without notice. We are not liable to you or any third party for any changes, price changes, suspensions, or discontinuations of the platform.
18. Applicable law and place of jurisdiction
18.1 Applicable law
These Terms and Conditions are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
18.2 Place of jurisdiction
If you are an entrepreneur, the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of KEMPER GmbH (Vreden, Germany).
18.3 EU consumers
If you have your habitual residence in the EU and are a consumer, you also enjoy the protection of the mandatory provisions of the law of your country of residence. KEMPER GmbH and you agree to submit to the non-exclusive jurisdiction of the courts in North Rhine-Westphalia, which means that you can assert your consumer rights in Germany or in the EU country in which you reside.
18.4 Online dispute resolution
The European Commission provides a platform for online dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this issue to our attention, please contact us.
19. Additional provisions for US users
The following provisions apply additionally to users who are located in the United States of America or who access the platform from there.
19.1 Industry-specific regulations
The platform is not designed to comply with industry-specific regulations, including the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or others. If your interactions would be subject to such laws, you may not use this platform. You may not use the platform in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).
19.2 Rights of the US Government
Our Services are “commercial items” as that term is used in the Federal Acquisition Regulation (“FAR”) 2.101. If our Services are purchased by or on behalf of a government agency outside the Department of Defense, our Services are subject to the terms and conditions of these Terms of Service pursuant to FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our Services are purchased by or on behalf of a government agency within the Department of Defense, our Services are subject to the terms and conditions of these Terms and Conditions pursuant to Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3.
19.3 California Users and Residents
If a complaint is not satisfactorily resolved with us, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
20. Final Provisions
20.1 Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on the Platform or in relation to the Platform constitute the entire agreement and understanding between you and us.
20.2 Waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
20.3 Assignment
We may assign our rights and obligations in whole or in part to any third party at any time.
20.4 Force Majeure
We are not responsible or liable for any loss, damage, delay, or failure caused by causes beyond our reasonable control.
20.5 Severability
If any provision or part of a provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
20.6 No joint venture
These Terms and Conditions or the use of the Platform do not create a joint venture, partnership, employment, or agency relationship between you and us.
20.7 Written form
Amendments and additions to these Terms and Conditions must be made in writing to be effective. This also applies to the waiver of this written form requirement.
20.8 Electronic Communication
Visiting the platform, sending emails to us, and filling out online forms constitute electronic communication. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email and on the platform satisfy all legal requirements.
21. Contact
If you have any questions about these Terms and Conditions or the platform, please contact us at:
KEMPER GmbH Von-Siemens-Str. 20 48691 Vreden Germany
Phone: +49 (0) 2564 68 0 Email: [email protected]
22. User Data
We will retain certain data that you submit to the platform for the purpose of managing the performance of the platform, as well as data about your use of the platform. Although we perform regular routine backups of data, you are solely responsible for any data you submit or that relates to activities
you have undertaken using the platform. You agree that we are not liable to you for any loss or damage to such data, and you hereby waive any right of action against us arising from any such loss or damage to such data.
23. Administration of the platform
We reserve the right, but are not obligated, to monitor the Platform for violations of these Terms and Conditions and to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including, but not limited to, reporting such user to law enforcement authorities.
We also reserve the right, at our sole discretion and without limitation, notification, or liability:
To deny, restrict, or block access to the Platform for certain users
To remove any files and content that are excessively large or burden our systems in any way
To otherwise manage the Platform in a manner serves to protect our rights and property and the proper functioning of the platform
24. Corrections
There may be information on the platform that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the platform at any time without prior notice.
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