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Cloud and License Terms

Cloud and License Terms

1. Scope

These Cloud, Service Level, and License Terms apply to all cloud, hosting, remote access, monitoring, support, and software services provided by Smart Home Swiss SA. They supplement the General Terms and Conditions as well as project- or customer-specific agreements. In particular, they govern the use of Amika, Cockpit, Smart Home Cloud software, apps, firmware, APIs, web applications, software modules, and customer-specific extensions. By installing, activating, or using the software, the user accepts these terms.

2. Smart Home Cloud

The Smart Home Cloud provides central services for Amika, Cockpit, and other Smart Home Swiss SA systems. These include, in particular:

  • User and device management
  • Authentication
  • Remote access
  • Device communication
  • Door communication and SIP
  • Push notifications
  • Energy and consumption data
  • Firmware and software distribution
  • Monitoring
  • Interfaces to third-party systems

The Smart Home Cloud is operated via the Swiss cloud infrastructure of Exoscale. The central infrastructure is located in Switzerland.

3. Availability and Maintenance

Smart Home Swiss SA operates the cloud infrastructure with the goal of high availability. Unless a separate Service Level Agreement (SLA) has been agreed upon, there is no entitlement to a specific guaranteed minimum availability.

For projects with special requirements, individual SLAs with defined availability, response times, maintenance windows, and escalation levels can be agreed upon.

Smart Home Swiss SA may perform maintenance work insofar as this is necessary for security, stability, updates, troubleshooting, extensions, or technical optimizations. Planned maintenance work will, as far as possible, be carried out outside of critical usage times. In the case of security-related or urgent work, maintenance may also take place at short notice.

4. Support Model

First-level support is generally provided by the responsible electrical installer, system integrator, or project partner. They are the primary contact for the customer and perform the initial analysis on-site. Smart Home Swiss SA provides second-level support for technical issues requiring in-depth knowledge of the products, software, cloud, or interfaces. Support services are generally charged on a time and materials basis, unless a separate service agreement exists.

Individual service agreements may include, among others, the following services:

  • Defined response times
  • Prioritized support
  • Remote support
  • System monitoring
  • Regular system checks
  • Software and security updates
  • Defined maintenance windows
  • Reporting
  • Escalation processes

5. Backups

Smart Home Swiss SA employs appropriate backup and recovery procedures for central cloud services.

Backups serve the purpose of recovery after technical malfunctions and do not constitute a customer-side archiving system. The customer remains responsible for backing up their own project-relevant documents, documentation, and data, unless otherwise agreed.

6. Local Functions During Cloud Outage

Insofar as technically intended, local building automation functions remain available even during a temporary interruption of the internet or cloud connection.

Cloud-dependent functions may be restricted during an outage. These may include, in particular:

  • Remote access
  • External notifications
  • Certain door communication functions
  • Cloud synchronization
  • Data transfer to external systems

7. Customer-Side Infrastructure

The customer or their electrical installer or IT service provider is responsible for the proper provision and operation of the customer-side infrastructure.

This includes, in particular:

  • Power supply
  • Internet connection
  • LAN and WLAN
  • Router and firewall
  • Switches
  • VLAN configuration
  • Cabling
  • Third-party devices

Disruptions to this infrastructure are not considered an outage of the Smart Home Cloud.

8. Software and Right of Use

Software from Smart Home Swiss SA is not sold, but licensed for use. The customer receives a non-exclusive and non-transferable right of use for the agreed software as well as the devices, buildings, or projects intended for it. The exact scope of the license is derived from the respective contract, offer, or product. All rights to software, source code, firmware, user interfaces, designs, data structures, APIs, documentation, and algorithms remain with Smart Home Swiss SA or the respective rights holders.

9. Amika and Cockpit

The software installed on Amika may only be operated on approved devices and within the intended system environment. Transfer to non-approved hardware is not permitted without the consent of Smart Home Swiss SA. Cockpit may only be used by authorized users. Access data is personal and must not be passed on to unauthorized persons. The user is responsible for the secure storage of their access data.

10. APIs and Interfaces

Smart Home Swiss SA provides local and cloud-based APIs for certain products. These interfaces serve the integration of external systems and individual solutions.

The use of an API must not:

  • impair the stability of the system,
  • bypass any security mechanisms,
  • enable unauthorized access,
  • cause excessive system load.

Smart Home Swiss SA may adapt technical specifications and interfaces as part of further development.

11. Prohibited Use

Without the express written consent of Smart Home Swiss SA, it is particularly not permitted, to the extent permitted by law, to:

  • copy or resell software
  • extract source code
  • reverse engineer software
  • bypass security functions
  • manipulate licenses
  • operate software on unauthorized devices
  • pass on protected components

12. Updates and Further Development

Smart Home Swiss SA continuously develops its platform and may provide updates, bug fixes, security updates, and new software versions. Updates may be necessary in particular to maintain or improve:

  • Security
  • Compatibility
  • Stability
  • Performance
  • Cloud communication
  • Third-party integrations
  • Interfaces

Functions, user interfaces, interfaces, and technical components may be changed, expanded, or replaced, provided that the essential contractually agreed functions are maintained. Smart Home Swiss SA decides on the content, timing, and technical implementation of updates.

13. Third-Party Providers

The software and cloud services may contain interfaces or components from third-party providers or communicate with third-party systems. Additional license or usage terms from the respective providers may apply to such components.

Smart Home Swiss SA does not guarantee that third-party providers will continue their products, interfaces, or services permanently unchanged or without interruption. Changes, failures, or restrictions of such systems are outside the direct control of Smart Home Swiss SA.

14. Data Protection

Technical and personal data may be processed when using the software and cloud services. The processing of this data takes place in accordance with the currently valid privacy policy of Smart Home Swiss SA and the applicable legal data protection regulations.

15. Warranty

A warranty of 24 months applies to hardware manufactured by Smart Home Swiss SA, unless a different written agreement exists.

Software is developed and maintained according to the current state of the art. Due to technical complexity and dependence on operating systems, networks, and third-party systems, completely error-free or uninterrupted function cannot be guaranteed.

16. Fault Reports

In the event of a fault report, the following information must be provided, if available:

  • Project
  • Affected system
  • Affected devices
  • Error description
  • Time of the error
  • Relevant screenshots or logs

This information enables efficient analysis and processing of the fault.

17. Liability

To the extent permitted by law, Smart Home Swiss SA is not liable for damages arising in particular from:

  • improper use
  • unauthorized changes
  • interventions by third parties
  • faulty customer-side networks or installations
  • failures of internet or telecommunications connections
  • third-party products and services
  • unsupported devices or software
  • cyberattacks outside the reasonable sphere of influence

The liability provisions of the General Terms and Conditions remain reserved.

18. Force Majeure

Smart Home Swiss SA is not liable for interruptions or restrictions caused by events outside its reasonable control.

This includes, in particular, power outages, telecommunications or internet failures, natural events, third-party cyberattacks, official measures, and failures of external infrastructure.

19. Termination of License

In the event of a serious breach of these terms, Smart Home Swiss SA may restrict or terminate the right of use, insofar as this is legally permissible and technically necessary. Local security-critical building functions should, as far as technically possible, not be impaired in the process.

20. Changes

Smart Home Swiss SA may adapt these terms to technical, operational, or regulatory developments. Significant changes will be communicated to the affected customers in an appropriate form.

21. Applicable Law and Jurisdiction

Swiss law applies. The place of jurisdiction is, to the extent permitted by law, the registered office of Smart Home Swiss SA.

As of: September 3, 2026