Terms of use: Hama Home App

Effective Date: 01.06.2025

Important NOTE:

Hama GmbH & Co KG is the manufacturer of hardware, whereby only the hardware comes directly from our company. The hardware uses third-party software. All information on this software was made available to Hama GmbH & Co KG by the third-party provider. If you have any questions about this third-party provider or its software, please contact Hama GmbH & CO

Before accepting this agreement, you should read all of its contents carefully and familiarize yourself with the terms, particularly any limitations or exceptions. For a better overview, the restrictive provisions or exceptions are printed in bold or otherwise highlighted. If you have any doubts about the terms of the contract, please contact the relevant business department at Hama GmbH & Co KG. You may not use the Services until you have read and accepted all of the terms of the Contract and relevant agreements and regulations. If you select “I agree to the Privacy Policy and the Terms of Service” (detailed wording on the registration page) and complete the registration process or use the Services in any way, you will be deemed to have read and accepted the above contractual restrictions and regulations. In the event of breach of contract, Hama GmbH & Co KG has the right to unilaterally restrict, suspend or terminate the service to you and has the right to consider your responsibilities accordingly.

Welcome to Hama Smart Home 2.0.

Hama Smart Home 2.0 is an application which is offered by Hama and its affiliates and subsidiaries (collectively, “Hama”, “us”, or “we”) to allow you to manage, control, connect and access certain smart consumer products purchased from Hama (the “Application” and the “Smart Devices”, respectively), developed, maintained and operated by Copilot.cx. The term “Smart Devices” will further include third-party smart devices detected, controlled, and managed by the Application (such use remains subject to any limitation and disclaimer under this Terms of Service).

Please read these Terms of Service carefully before clicking the "I Agree" or any similar button, registering to or using the Application.

  1. Acknowledgment

    These Terms of Service constitute a legally binding agreement made between you (“you”) and us setting out the rights and obligations related to your use of the Application.

    If you do not agree to these Terms of Service, do not click on the "I Agree" button and do not download or use the Application.

    By downloading or using the Application, you agree to be bound by these Terms and Conditions.

    You also represent that:

    1. You are over the age of 18; or
    2. If you are over the age of 13, and under the age of 18 (a “Minor”), you confirm that you obtain permission from your parent or legal guardian to accept these Terms of Service and use the Application. If you are a parent or legal guardian allowing a Minor to use the Application, you agree, as follows:
      • to supervise the minor's use of the Application and our services;
      • take on all the risks associated with the Minor's use of the Application and our services,
      • assume all responsibilities arising from the minor's use of the Application and our services;
      • ensure the accuracy and truthfulness of all information provided by you or the Minor; and
      • take responsibility for these Terms of Service and for the Minor's access to the Application and our services and their use.

    If you are under the age of 13, you may not use the Application in any way.

    You may not be able to create an account or use our Application and services due to our Children's Accessibility Policy, which is customized to the applicable laws and regulations in your jurisdiction.

    Your access to and use of the Application is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application and additional technical information concerning the operation of your smart product controlled through the Application. Our Privacy Policy tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Application and our services.

    We may, in our sole discretion, modify or replace these Terms of Service by posting the amended Terms of Service on https://support.hama.com website or the Application and the updated or amended provisions of the Terms of Service will become effective and binding upon publication. If a modification is material, we will make reasonable efforts to provide at least 14 days' notice prior to any new terms taking effect, except for modification in connection with new services or such other modification required pursuant to applicable law, which shall enter into effect immediately. What constitutes a material change will be determined at our sole discretion.

    The “Effective Date” date at the top of the Terms of Service indicates when the latest modifications were made to the Terms of Service. In case of objection to such relevant changes, stop using the Application; if you keep using it, it will deem as that you understand and agree to any such modifications.

  2. User Account

    In order to use the Application or our services, you may be required to create a personal user account (“User Account”). When you create a User Account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on our service.

    You are responsible for properly keeping and safeguarding your account name and password. You agree not to disclose your password to any third party. If you authorize any family member, friend, or other person to control your smart products, such authorization and any action, inaction, access, or use of the Application through such “visitor” mode are your sole responsibility, and we cannot guarantee that such rights will be properly used and not be manipulated or used against you.

    You play an important role in protecting your information, and you are responsible for maintaining up-to-date computer/device security protection measures and ensuring the security of your passwords and/or any other personal identifier authentication mechanisms. Upon becoming aware of any breach of security or unauthorized use of your account, you should notify us immediately. Otherwise, all behavior related to your account shall be assumed by you, and you will bear all responsibilities.

    You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

    We reserve the right to request additional information to verify your identity during the registration process, throughout your use of the Application, and/or when you submit requests related to your user account.

  3. Use of Application

    License to Application

    Subject to these Terms of Service and the Privacy Policy, Copilot.cx grants you and you accept, during the term of these Terms of Service, a non-exclusive, non-transferable, revocable, limited license to access and use the Application solely for your personal non-commercial purposes (the “License”). No right or license is granted to you by implication or otherwise, except those rights expressly granted to you in these Terms of Service. You shall treat the ideas and expressions contained in the Application as trade secrets, proprietary, confidential and belonging solely to us.

    Version Update

    From time to time, we may release Application updates and upgrades (“Updates”), which Updates shall be deemed part of the Application and shall be governed by the terms of these Terms of Service. You may, but are not obligated to, use Updates during the term of this Agreement. If you choose not to use the Updates, this could affect certain features or services of our Services or, in some cases, affect your ability to use the Services.

  4. Your Responsibilities When Accessing or Using the Application

    By accessing or using the Application, you agree to use the Application in a customary manner, and you shall not to:

    1. Violate any applicable law or use the Application in any way that is unlawful, illegal, fraudulent, or harmful.
    2. Permit any third party to sell, rent, lease, lend, distribute, or sublicense the Application to any third party except if and to the extent as expressly permitted under these Terms of Service and the intended use of the Application.
    3. Modify, adapt, alter, translate, create derivative works from, copy, or otherwise use the Application, except as expressly permitted in this Agreement; decompile, disassemble, reverse engineer, translate or convert the Application; modify or remove any copyright or other proprietary rights notices in or on the Application.
    4. Conduct any acts that may damage or disrupt the Application.
    5. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
    6. Use the Application to facilitate a business or business practice that is fraudulent, unfair, deceptive, or otherwise prohibited by applicable law, including any consumer protection or other legislation.
    7. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Application or its users’ computer systems.
    8. Do anything else which could bring us into disrepute or violate the rights of any person.
    9. Transfer, redistribute, rent, lease, sub-license, or loan the Application.
    10. Circumvent or manipulate the operation or functionality of the Application, or attempt to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented in the Application.
    11. Use the Application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
    12. Use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by us.
    13. Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Application.
    14. Use the Application in a way that could damage, disrupt, disable, overburden, impair, or compromise the Company's systems or security or interfere with other users, or the functionality of the Application.
    15. Impersonate any person or entity, or make any false statement pertaining to your identity or affiliation with any person or entity.

    To the maximum extent permitted by applicable law, you will indemnify and hold us harmless against any claim arising from or related to the use of the Application by you or anyone on your behalf in breach of this Agreement or any applicable law and will pay any costs, damages and reasonable attorneys' fees attributable to such claim that are awarded against us.

  5. Connectivity to Third-Party Products

    Certain third-party Smart Devices be detected, connected, controlled, or managed by the Application. We make no warranty in connection with such third-party products, their operation using the Application, or the compatibility of the Application with third-party products, even if such third-party products are accessible through the Application. You are and at all times shall be solely responsible for any use of the Application to detect, connect, control, or manage third-party Smart Devices.

  6. Termination

    You have the right to terminate these Terms of Service by deleting your User Account and ceasing the use of the Application and our services.

    We may suspend or terminate your access to the Application and/or delete your User Account if:

    1. We reasonably suspect that you have violated any of these Terms of Service.
    2. We decide to terminate our services or any part thereof (worldwide or in your state of residence, or in such state where you use our services).
    3. We are required, pursuant to applicable law, to terminate all or part of our services (for example, if such services shall be deemed as illegal).

    To the extent permitted under applicable law, we shall not be liable to you or to any other third party if we exercise such rights.

    If we shall delete or suspend your User Account, we will make reasonable efforts to inform you by using the email address linked to your User Account, or at the next time that you are to try to access your account or our services.

    Upon any termination of these Terms of Service or the License, all rights granted to you hereunder, including your right to access the Application, shall immediately cease. Please note that any data and content uploaded or collected using the Application may be deleted from our systems immediately upon termination of these Terms of Service or cancellation of your account in accordance with our retention period as set forth in the Privacy Policy, and unless legally prohibited. We are not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to ensure that any content or data that you have previously uploaded into or was collected by the Application will be backed up or replicated by you before cancellation.

    Any provision in these Terms of Service which by nature should continue to be in effect, including, but not limited to, the following clauses: intellectual property, disclaimer of liability, limitation of liability, indemnification and general, shall survive the expiration or termination of these Terms of Service, and shall remain valid and binding.

  7. Intellectual Property

    We and our licensors retain all ownership rights in and to the Application including all derivatives, updates, modifications, and upgrades to the Application, and all other derivative works of the Application (even if made using your data or content or any suggestions, ideas, feedback, or other information you may provide to us relating to or in connection with the Application (“Feedback”)).

    You assign all rights, title and interest in any Feedback provided by you to us and our licensors in connection with the Application or any of our services. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without any restrictions.

    As further elaborated in the Privacy Policy, our service providers are further permitted to create, use in any manner, license, retain, or disclose De-Identified Data. “De-Identified Data” shall mean data or information used, retained, or processed by the Application (i) for which all identifiers have been removed such that the data, alone or in combination with other reasonably available data, cannot be attributed to or associated with or cannot identify any individual, and (ii) that has been combined with similar data such that the original data forms a part of a larger data set.

  8. “AS IS" and "AS AVAILABLE" Disclaimer

    Your use of the License and the Application is at your sole risk. The Application and the associated materials and content are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted under applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from computer virus, network intrusion, security breaches or other vulnerabilities. Without limiting the generality of the foregoing, we make no warranty that: (i) the Application will meet your requirements; (ii) the Application will be uninterrupted, timely, secure, or error-free; (iii) the quality of any and all Applications (including the Application), services, information or other material obtained or purchased by you directly or indirectly hereunder or any order form will meet your expectations or needs; and (v) any errors in the Application will be corrected.

    You further acknowledge that the performance of the Application is dependent on third-party platforms, software, and services and we shall not be responsible and liable for any action or inaction, or service or lack of service, provided or not provided by third parties, such as the IoT platform service providers, third-party software or any technical or security problems of the internet (including without limitation slow internet connections or outages) and/or any issue that is attributable to your smart product hardware. You are and at all times shall be solely responsible for any actions you may take in connection with your use of the Application.

  9. Limitation of Liability

    In no event shall we be liable to you or to any third party, whether under theory of contract, tort, or otherwise, for any indirect, incidental, punitive, consequential, or special damages (including any damage to business reputation, lost profits, or lost data), whether foreseeable or not and whether we are advised of the possibility of such damages. In addition, our aggregate cumulative liability for damages and expenses hereunder or in any way relating with the Application or the License shall not exceed, in the aggregate and regardless of whether under theory of contract, tort, or otherwise, an aggregate amount of fifty dollars (50USD).

  10. Electronic Communication

    You agree to receive all agreements, notices, disclosures, and other communications electronically, including by email, push notification, pop-up messages, or text.

  11. General

    We will be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, earthquakes, labor disputes and strikes, riots, war, and governmental requirements. The obligations so excused will be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

    These Terms of Service and the rights granted hereunder may not be assigned or otherwise transferred by you (and any attempted assignment will be void) without the prior written consent of us. We may assign or transfer these Terms of Service and our rights and obligations hereunder (in whole or in part), including the operation of the Application, without your consent. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of our respective successors and permitted assigns.

    These Terms of Service shall be governed by the laws of the State of New York, without regard to its conflict of laws rules. Any unresolved dispute concerning the Application or this Agreement shall be exclusively submitted to binding arbitration in New York, New York, under the then-prevailing rules for commercial arbitration of the American Arbitration Association. The number of arbitrators shall be one (1). Judgment upon any award in such arbitration may be entered and enforced in any court of competent jurisdiction.

    If any provision of these Terms of Service conflicts with governing law or if any provision is held to be null, void, or otherwise ineffective or invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law.

    No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

    These Terms of Service include any documents agreed to by the parties in writing and all other documents expressly referenced herein. Collectively, the foregoing constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including, without limitation, any quotations or proposals or other documents submitted by the parties.