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General Terms and Conditions and Scope of Services 

1. Preliminary Remarks

The scope of services described below and the general terms and conditions apply both to customers (hereinafter also referred to as “ambihome customers”) who enter into a contractual agreement with ambihome (hereinafter also referred to as the “Supplier”) for the resale of an ambihome system, as well as to end users for whom ambihome customers install systems or have them installed by third parties.

2. General Information

ambihome offers comprehensive KNX-based smart home solutions. Thanks to the wide range of KNX-compatible devices available, virtually any function can be implemented.

ambihome systems are created automatically and customized based on customer preferences. They form the digital infrastructure of the apartment or house. They can be adapted to changing needs and expanded at any time—by electricians, system integrators, or ambihome. This requires ETS Professional (version 6.0 or later) and the appropriate expertise.

Every ambihome system includes a visualization interface that allows you to control all programmed functions via a PC, tablet, or smartphone (device not included).

3. General Provisions
  1. These Terms and Conditions apply to businesses as defined in Section 14 of the German Civil Code (BGB) for which the purchase constitutes a legal transaction in the course of their commercial or self-employed activities.
  2. These Terms and Conditions shall exclusively govern the legal relationships between ambihome and the ambihome customer, as well as the end user, in connection with the supplier’s deliveries and/or services (hereinafter referred to as “Deliveries”). The ambihome customer’s general terms and conditions shall apply only to the extent that the supplier has expressly agreed to them in writing. The scope of the deliveries shall be determined by the mutually agreed-upon written statements of both parties.
  3. The product range and accompanying descriptions are compiled by the supplier with the utmost care. Nevertheless, we cannot accept any liability for any errors in illustrations, technical changes to the products, or the continued availability of all products. The supplier’s offers are subject to change without notice. If the supplier sends order confirmations, these shall govern the terms of the contract. The supplier’s products are not suitable for use in medical or life-support systems.
  4. The supplier reserves all rights of ownership and copyright in cost estimates, drawings, and other documents (hereinafter referred to as “Documents”) without restriction. The Documents may only be made available to third parties with the Supplier’s prior consent and, if the order is not placed with the Supplier, must be returned to the Supplier immediately upon request. Sentences 1 and 2 apply mutatis mutandis to documents belonging to the ambihome customer; however, these may be made available to third parties to whom the supplier has lawfully subcontracted deliveries.
  5. Partial deliveries are permitted, provided they are reasonable for the ambihome customer.
4. Prices

The prices listed in the supplier’s quotes are exclusive of the applicable statutory value-added tax.

5. Delivery Deadlines
  1. Compliance with delivery deadlines is contingent upon the timely receipt of all documents, necessary approvals, and authorizations to be provided by the ambihome customer—in particular, plans—as well as the ambihome customer’s compliance with the agreed-upon payment terms and other obligations. If these conditions are not met in a timely manner, the deadlines shall be extended accordingly; this does not apply if the supplier is responsible for the delay.
  2. If a product is out of stock and will not be available until a later date—or not at all—the supplier may substitute an alternative product. If no alternative product is available, either party may withdraw from the contract.
  3. Is the failure to meet the deadlines due to:
    • force majeure, e.g., mobilization, war, acts of terrorism, civil unrest, or similar events (e.g., strikes, lockouts),
    • Virus attacks and other attacks by third parties on the supplier’s IT system, provided that such attacks occurred despite the supplier having exercised the due care customary when implementing protective measures,
    • Obstacles arising from German or other applicable national, EU, or international foreign trade regulations, or from other circumstances for which the supplier is not responsible,
    • the Supplier not receiving timely or proper supplies from its own suppliers,

    the deadlines will be extended accordingly.

  4. If the supplier is in default, the ambihome customer—provided the customer can demonstrate that it has suffered damages as a result—may claim compensation of 0.5% for each full month of default, but not exceeding a total of 5% of the price for the portion of the deliveries that could not be put to proper use due to the delay.
  5. Claims for damages by the ambihome customer due to a delay in delivery, as well as claims for damages in lieu of performance that exceed the limits specified in No. 4, are excluded in all cases of delayed delivery, even after the expiration of a delivery deadline set for the supplier.
6. Terms of Payment

Payment terms are agreed upon on a case-by-case basis. A flat fee is charged for shipping and handling, unless otherwise agreed. The supplier’s invoices are payable within the specified time frame.

7. Retention of Title

The products delivered by the supplier remain the supplier’s property until all current and future claims against the customer, insofar as they relate to the delivered products, have been satisfied. The customer is entitled to resell the products owned by the supplier (goods subject to retention of title) in the ordinary course of business. However, the customer assigns to the supplier all claims arising from such resale, regardless of whether the goods subject to retention of title are resold as is or after processing, or whether they are combined with other movable property or not. If the goods subject to retention of title are resold after processing or combined with movable property, the customer’s claim against its buyers shall be deemed assigned in the amount of the delivery price for the goods subject to retention of title agreed upon between the customer and the supplier.

The customer remains authorized to collect this receivable even after the assignment. The supplier’s authority to collect the receivable itself remains unaffected. However, the supplier undertakes not to do so as long as the customer duly fulfills its payment obligations. If the customer exercises its right to collect the receivable, the supplier is entitled to the proceeds collected in the amount of the delivery price agreed upon between the customer and the supplier. Any processing or transformation of the goods subject to retention of title shall be carried out on behalf of the supplier as the manufacturer pursuant to Section 950 of the German Civil Code (BGB), without thereby creating any obligation on the supplier’s part. If the products owned by the supplier are processed together with other items, the supplier shall acquire co-ownership of the new item in the ratio of the market value of the supplier’s products to the value of the other processed items at the time of processing. The customer shall store the new item for the supplier free of charge with the care customary in the trade.

8. Transfer of Risk
  1. Even in the case of free shipping, the risk passes to the ambihome customer as follows:
    • for deliveries without installation or assembly, once the goods have been shipped or picked up. At the request and expense of the ambihome customer, the supplier will insure the shipment against standard transportation risks;
    • For deliveries that include installation or assembly, on the day of acceptance at the customer’s facility or, if agreed, after successful trial operation.
  2. If shipment or delivery is delayed for reasons attributable to the ambihome customer, or if the ambihome customer is in default of acceptance for any other reason, the risk shall pass to the ambihome customer.
9. Installation

Unless otherwise agreed in writing, the following provisions apply to installation and assembly:

  1. All preparatory work must be sufficiently advanced before installation begins so that installation can start as agreed and be carried out without interruption.
  2. If installation or commissioning is delayed due to circumstances beyond the supplier’s control, the ambihome customer shall bear, to a reasonable extent, the costs associated with the delay and any additional travel required by the supplier or the installation crew.
  3. If the supplier requests acceptance of the delivery upon completion, the ambihome customer must accept it within two weeks. Acceptance is deemed to have occurred if the ambihome customer allows the deadline to pass or if the delivery is put into use.
10. Material Defects/Warranty/Guarantee
  1. Any parts or services that are defective shall, at the supplier’s discretion, be repaired, replaced, or re-performed free of charge, provided that the cause of the defect already existed at the time of the transfer of risk.
  2. If, in an individual case, the expenses claimed by the Customer for subsequent performance within the meaning of Section 439 (3) BGB are disproportionate, particularly in relation to the individual purchase price of the individual component in a defect-free condition and taking into account the significance of the non-conformity, the Supplier shall be entitled to refuse reimbursement of such expenses:
    • Pursuant to Section 439(3) of the German Civil Code (BGB), only those removal and installation costs are eligible that relate to the removal and installation of identical products and are substantiated to the supplier by the customer through the submission of appropriate documentation. Only reduced hourly rates excluding profit are eligible for reimbursement. The ambihome customer is not permitted to set off reimbursement of expenses against purchase price claims or other payment claims without the supplier’s consent. Claims by the customer exceeding the necessary removal and installation costs—in particular, costs for consequential damages resulting from defects, such as lost profits, business interruption costs, or additional costs for replacement purchases, do not constitute installation and removal costs and are therefore not reimbursable within the scope of subsequent performance pursuant to § 439(3) of the German Civil Code (BGB).
    • If, in a specific case, the expenses claimed by the customer for subsequent performance within the meaning of § 439(3) of the German Civil Code (BGB), particularly in relation to the individual purchase price of the individual component in a defect-free condition and taking into account the significance of the breach of contract, the supplier is entitled to refuse reimbursement of such expenses. Disproportionality exists if the claimed expenses, as defined in Section 439(3) of the German Civil Code (BGB), exceed 150% of the purchase price of the products.
  3. In addition to statutory warranty rights, the customer receives a 3-year warranty against material defects for ambihome’s own products. For products that ambihome purchases from a third-party supplier, the terms and conditions of the respective supplier apply. Further information is available upon request. The supplier’s obligations under the guarantee are limited to repair or replacement of the products.
  4. Claims for subsequent performance are subject to a 12-month statute of limitations, which begins to run from the statutory starting point. The same applies to rescission and reduction of the purchase price. This period does not apply in cases of willful misconduct, fraudulent concealment of a defect, or breach of a warranty of quality. The statutory provisions regarding the suspension, interruption, and restart of limitation periods remain unaffected.
  5. Complaints from ambihome customers must be submitted in writing without delay.
  6. If the ambihome Customer is entitled to statutory warranty rights due to a material defect, the supplier reserves the right to choose whether to remedy the defect or to deliver a defect-free item. If the supplier decides to remedy the defect, the customer has no right to demand a reduction in the purchase price or to rescind the contract as long as the attempt to remedy the defect is not unsuccessful.
    The repair is deemed to have failed if two attempts to remedy the defect are unsuccessful. If the repair fails, the customer has the right to a price reduction or to withdraw from the contract. A prerequisite for the warranty claim is that the products be returned along with a detailed description of the defect and a copy of the invoice.
  7. In the event of a complaint regarding defects, the ambihome customer may withhold payments in an amount that is reasonably proportionate to the material defects that have occurred. The ambihome customer may withhold payments only if a complaint regarding defects is asserted and there is no doubt as to its validity. The ambihome customer has no right of withholding if their claims for defects are time-barred. If the complaint regarding defects was made without justification, the supplier is entitled to demand reimbursement from the ambihome customer for the expenses incurred.
  8. The supplier must be given the opportunity to remedy the breach within a reasonable period of time.
  9. Claims for defects do not apply to damage occurring after the transfer of risk as a result of improper or negligent handling, excessive strain, or damage caused by special external influences not provided for in the contract, as well as to non-reproducible software errors. If the ambihome customer or third parties perform improper modifications or repair work, no claims for defects shall arise with respect to such work or the resulting consequences.
  10. Claims for damages by ambihome customers due to a material defect are excluded. This does not apply in cases of fraudulent concealment of the defect or a breach of duty due to gross negligence on the part of the supplier.
11. Provision of Software
  1. The terms of this paragraph apply exclusively to the provision of standard software that is made available for use as part of, or in connection with, a delivery of the associated hardware (hereinafter referred to as “Software”).
  2. The supplier grants the ambihome customer the non-exclusive right to use and modify the software. If the ambihome customer modifies the software, any claims against the supplier regarding the proper functionality of the software shall be forfeited.
  3. The ambihome customer may transfer the right to use the software to third parties only in conjunction with devices that the customer purchased from the supplier together with the software.
  4. When software is provided via electronic communication media (e.g., over the Internet), the risk passes when the software leaves the supplier’s control (e.g., upon download).

Material defects:

  1. The statute of limitations for claims arising from material defects in the software is 12 months. This does not apply to the extent that the law, pursuant to Sections 438(1)(2) (structures and items for structures), 479(1) (right of recourse), and 634a(1)(2) (construction defects) of the German Civil Code (BGB), as well as in cases of injury to life, limb, or health; in the event of an intentional or grossly negligent breach of duty by the supplier; and in the event of fraudulent concealment of a defect. The period begins at the time of transfer of risk. The statutory provisions regarding the suspension, interruption, and recommencement of time limits remain unaffected.
  2. Only deviations from the specifications that have been demonstrated and can be reproduced by the ambihome customer are considered material defects in the software. However, a material defect does not exist if it does not occur in the most recent version of the software provided to the ambihome customer and if the use of that version is reasonable for the ambihome customer.
  3. Notices of defects must be submitted in writing without delay. The defect and the relevant data processing environment must be described as precisely as possible in the notice.
  4. There are no claims for material defects:
    • in the event of only a minor deviation from the agreed quality,
    • if the usability is only marginally impaired,
    • in the event of damage resulting from improper or negligent handling,
    • in the event of damage caused by special external factors not contemplated by the contract,
    • for changes made by ambihome customers or third parties and the resulting consequences,
    • for software that has been modified by an ambihome customer or a third party beyond the interface provided by the supplier for that purpose,
    • to ensure that the licensed software is compatible with the data processing environment used by ambihome customers.
  5. If the software has a material defect, the supplier must first be given the opportunity to remedy the defect within a reasonable period of time. The supplier has the right to choose between the various methods of remedy.
  6. Unless the supplier chooses another form of remedy, the remedy shall consist of rectifying the material defect in the software as follows:
  • The supplier will provide a new release (update) or a new version (upgrade) of the software as a replacement, provided that the supplier has it available or can obtain it with reasonable effort.
  • If a delivered data medium or set of documents is defective, the ambihome customer may only request that the supplier replace it with one that is free of defects.
  • The supplier may, at its discretion, remedy the material defect either at the ambihome customer’s location or at the supplier’s location. If the supplier chooses to remedy the defect at the ambihome customer’s premises, the ambihome customer must provide the necessary hardware, software, and other operating conditions (including the required processing time) along with suitable operating personnel. The ambihome customer must provide the supplier with the documents and information available to the customer that are necessary to remedy the material defect.
12. Withdrawal

The supplier has the right to withdraw from the contract,

  1. if the supplier is unable to deliver the item sold due to force majeure.
  2. if the customer provides false information regarding facts that affect his or her creditworthiness.
  3. if credit insurance is not available.

The customer has the right to withdraw from the contract,

  1. if the supplier, through intentional or negligent conduct, makes it impossible to complete the delivery.
  2. if the supplier fails to meet the delivery deadline—which has been extended by a reasonable grace period—and a further deadline, accompanied by a threat of rejection, has passed.
13. Customer Requirements

To plan and install an ambihome system, the ambihome customer must meet the following requirements:

Registering an ambihome customer account:

  1. A registration link will be sent by email upon request. Registering for an ambihome customer account is free.
  2. The login credentials for the ambihome user account allow the customer to log in to the ambihome planning tool, where the customer sets a separate password and the username consists of the email address on file for the customer account. Due to the sensitive information available in the planning tool, the customer must take special care to keep these login credentials confidential.
  3. Using the login credentials for the user account, you can register once to create a customer account. It is not possible to transfer the customer account or to register again (e.g., through a third party).
  4. Initial registration requires acceptance of these terms and conditions.

Training provided by ambihome:

  1. ambihome customers are encouraged to take advantage of a free training session led by ambihome staff, during which they will receive comprehensive instruction on the basics of planning and installing an ambihome system. No prior knowledge of KNX is required. Training can take place at the ambihome GmbH offices or online. The preferred format and date of the training should be coordinated with ambihome GmbH.
  2. If the ambihome customer does not see a need for training and therefore does not participate in it, it is assumed that the ambihome customer fully understands the system—including planning, cabling, and commissioning—and will carry out the individual steps in accordance with ambihome GmbH’s instructions. Any adjustments to the system that arise due to inadequate planning, cabling, or commissioning—and which must be rectified by ambihome—will be billed to the ambihome customer.
14. End-User Requirements

To use an ambihome system, the end user must meet the following requirements:

Internet access:

  1. The customer always accesses the ambihome system from a remote location via the Internet to control and manage its functions.
  2. Therefore, it is the end user’s responsibility to ensure that all components of the ambihome system have access to a highly available, reliable Internet connection for the system’s operation.
  3. The ambihome system can also be controlled via the Internet from within the house or apartment. When accessing the system via Wi-Fi, ensure that there is sufficient Wi-Fi coverage.
  4. Alternatively, the system can also be used on the home network without an active VPN connection (offline). The IP address assigned to the ambihome ControlBox within the network can be found on the router.

Compatible mobile and browser-enabled devices:

  1. The terminal device is used to access the system visualization and must be running the latest software version.
  2. The system visualization is optimized for use on all common web browsers that continue to be supported by their developers.
  3. The system visualization is delivered via a web server and can be accessed as a web app through a web browser using individual login credentials. The web app is responsive, meaning it displays content optimized for the respective screen size (smartphone, tablet, PC).

VPN connection:

  1. The visualization server is located in the main low-voltage distribution panel of the house or apartment and contains the data from the ambihome system, as well as the components needed to use the system visualization. Alternatively, the visualization server is located in the door communication panel.
    End users have the option to use the system’s external access via the existing VPN connection. This can be enabled or disabled using the corresponding button on the ControlBox. When the VPN connection is disabled, the system cannot be accessed from the Internet.
  2. The VPN connection is also used by ambihome for diagnostics, as well as for feature and security updates; this means that updates cannot be delivered if the VPN connection is disabled.
  3. The ambihome VPN connection offers the highest possible level of security without requiring any changes to the end customer’s router settings. If the end customer disables the VPN connection and sets up their own port forwarding on their router, they are responsible for the security of the system.
15. Purpose and Location of Use

The ambihome system is intended exclusively for use in private residential premises by an end user of the smart home solution who meets the end-user requirements (see Section 14):

  1. The smart home components and the rest of the smart home infrastructure are used exclusively in accordance with the respective installation instructions and other product information (in particular, warnings and intended uses) for properly installed products.
  2. The smart home infrastructure may only be used in a manner that does not pose a risk to people or property. If there is a risk of danger during unattended operation, only supervised operation is permitted in cases of doubt (e.g., unattended operation of roller shutters on doors).
  3. To prevent damage, the end user is required to check that the equipment is in proper working order or to have a third party perform such checks (“maintenance”)—even for devices that can generally be operated unattended—both on a regular basis and in specific situations (such as when shading mechanisms are activated automatically due to high wind speeds).
  4. In general, the SmartHome infrastructure must not be used to control or monitor devices that require a high degree of reliability, such as medical devices. Controlling the range hood via a reed switch using the Smart Home infrastructure is also not recommended, and ambihome disclaims all liability.
  5. The alarm functions built into the system cannot replace a full-fledged alarm system, a fire alarm, or other safety features.

Please note: Due to external communication connections for the smart home solution (Internet, telephone, cellular network) that are beyond ambihome’s control, false alarms, incorrect notifications, or the failure to receive notifications cannot be completely ruled out. ambihome therefore does not guarantee that notifications will be initiated and transmitted without disruptions or errors. In the event of an alarm, ambihome generally recommends contacting someone on-site who can be reached quickly (a neighbor, for example) before notifying the fire department, police, or similar authorities.

16. Services Provided by ambihome

Visualization:

  1. Provided that the end user meets the necessary requirements, ambihome enables the end user to control the home or apartment systems integrated during the planning, delivery, and installation of an ambihome system using a ready-to-use system visualization interface that can be accessed, used, and managed via a web link.
  2. ambihome will maintain the system visualization for at least 5 years after purchase, in accordance with the purchase agreement, and will ensure that it can be used without any issues via the latest version of at least one commonly used web browser—such as Google Chrome, Mozilla Firefox, or Apple Safari—on Android, Windows, or iOS devices.

VPN Connection (Use, Maintenance, Changes):

  1. ambihome provides end users with a server connection operated and secured by ambihome (which may incur a fee), through which end users can access the functions of their ambihome system by viewing the system visualization online.
  2. The server required for this connection is hosted at a location in Germany and is specially protected against unauthorized access.
  3. ambihome uses this secure server connection to maintain the end user’s ambihome system by providing regular security updates.
  4. For maintenance purposes (e.g., for changes or updates), ambihome’s services may be temporarily taken offline during a maintenance window. In the case of longer-term maintenance windows, ambihome will notify its customers in advance, and the customers will in turn inform the end users of this defined window. Otherwise, maintenance work will only be carried out outside nighttime hours if this is absolutely necessary.
  5. ambihome uses this secure server connection for reprogramming and error analysis, provided that the ambihome customer requests it. In the event of a request from the ambihome customer, ambihome assumes that the resulting work subject to a fee—which involves accessing the relevant ambihome system—is based on a request from the end user.
  6. ambihome may release updates for the system software at irregular intervals; these updates may include new features or fixes for graphical or functional errors. ambihome only provides support for the current version of the software. ambihome is under no obligation to provide support, including bug fixes, for older versions.
  7. ambihome allows end users to enable or disable this secure server connection as they wish.

Email notifications or push notifications:

  1. Regardless of the end user’s on-site equipment, ambihome provides an alert function within the visualization interface. If window or door opening contacts or other alarm devices (water leaks, storms, etc.) are present and integrated, the end user can use this alert function at no additional cost by entering their email address via the system visualization interface. The alert function requires a working internet connection.
  2. ambihome reserves the right to replace or expand the email notification process with a corresponding push notification system.
  3. End users have the option at any time to opt out of receiving these notifications by deleting their email data within the system interface.
  4. ambihome ensures that the end user’s relevant data is protected at all times and cannot be viewed or analyzed by third parties.

Excess and Shortfall in Performance:

  1. If the end user utilizes services beyond the contractually agreed scope of services, this does not constitute a permanent entitlement. In the event that ambihome discontinues these services, the end user therefore has no rights regarding use or defects.
  2. ambihome is constantly developing its services and adapting them to technological advances and changes in the legal framework. ambihome therefore reserves the right not to provide certain services, or to no longer provide them to the same extent as before, if this is reasonable for the end user.
17. Liability

With regard to ambihome’s liability (including the software provided to deliver this service), the following applies during the term of the agreement:

  1. ambihome is liable to the customer in cases of willful misconduct and gross negligence, in cases of strict liability (e.g., warranty liability, liability under the Product Liability Act), in cases of injury to life, limb, or health, in cases of tort, in cases of fraud, and in cases of breach of material contractual obligation as provided by law. A material contractual obligation is an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the other contracting party may reasonably rely. In addition, the statutory limitation of liability under § 44a TKG applies. Otherwise, ambihome’s liability toward the customer is excluded.
  2. Under these terms and conditions, ambihome assumes no liability for damages resulting from malfunctions or technical failures of smart home components, nor for third-party products and services, in particular for the operation of the customer’s Internet connection or power supply.
18. Potential Features

The URL https://system-handbuch.ambihome.net/ describes the potential range of functions for individual systems. The extent to which these functions are available depends on the specific configuration of the respective system.

19. Shipping

Shipments are generally made via DHL. Products are shipped at the customer’s risk. Any externally visible damage to the shipment must be immediately documented by the delivery agent on the waybill or delivery receipt by preparing a damage report or by other appropriate means.

20. Data Protection

We ensure compliance with data protection laws. For more information, please visit the following URL: https://ambihome.com/data-protection/

 

As of July 2026