Additional terms for the access of Data and use of Miele APIs for Data Recipients
1. Scope of Application
1.1 These Terms and Conditions ("Terms") govern
a) the access to and use of data generated by the use of a Miele connected product (“Product”) that are designed to be retrievable, via an electronic communications service, physical connection or on-device access ("Product Data”);
b) the access to and use of data representing the digitisation of User’s actions or of events related to a Product, recorded intentionally by the User or generated as a by-product of the User’s action during the provision of a Miele related service (“Related Service”) by Miele (“Related Service Data”);
c) and the use of Miele Application Programming Interfaces (“Miele APIs”)
between Miele & Cie. KG, a company registered in Germany with its registered office at Carl-Miele-Straße 29, 33332 Gütersloh (“Miele”) any natural or legal person who is authorized by an User within the meaning of Art. 2 (12) Regulation (EU) 2023/2854 ("EU Data Act") to access Data as defined in Section 2 below or who is contractually entitled to use Miele APIs ("Data Recipient").
1.2 The Data Recipient declares that they are authorized to access Data by or on behalf of the User and that the User has requested that Miele makes Data available to the Data Recipient. The Data Recipient commits to provide upon request to Miele any evidence that they have received to confirm necessary authority from the User to submit the request and to access Data in accordance with applicable law. Furthermore, the Data Recipient declares that to the best of their knowledge, the request is valid under applicable laws, has not been withdrawn and has not expired. Furthermore, The Data Recipient declares that there is a contract in force between them and the User allowing them to use of the Data and that, according to this contract, the Data will be used exclusively for the purposes stated in this contract. If the Data may disclose trade secrets, The Data Recipient declares that the Data is strictly necessary for fulfilling this purpose. The Data Recipient declares that it is not designated as a ‘gatekeeper’ pursuant to Article 3 of Regulation (EU) 2022/1925 (‘Digital Markets Act’).
1.3 Any Party that becomes aware that any declaration referred to in this Section is not, or is no longer, correct, or will no longer remain correct in the foreseeable future, must, without undue delay, notify the other Party, unless the other Party is or ought to be already aware of the fact. On becoming aware of this situation, the concerned Party must take appropriate action and cure the incorrectness of the declaration, to the extent possible. Depending on the circumstances, this may include notifying the User or any protected third party who is affected or the temporary suspension of the making available of the Data by Miele or the use of the Data by the Data Recipient, if making the Data available or the use of the Data has become unlawful. If the situation is not and cannot be cured, this contract must terminate by means of a termination notice mentioning the reasons of termination given by either party to the other. The termination has immediate effect. Where the incorrectness affects only part of the data covered by this contract, termination must take effect only for the relevant part.
2. Scope of Data
2.1 The data covered by these Terms comprises are Product Data and Related Service Data according to the EU Data Act, but also contains additional data and information that are not subject to the EU Data Act, but that are made available by Miele without any legal obligation (hereinafter collectively referred to as “Data”). The Data includes both personal and non-personal data, as defined under applicable EU privacy laws.
2.2 A detailed description of the Data, including its nature, volume, frequency of collection, format, retention period, and storage location, is provided on Miele’s Data Act Portal – developer.miele.com/eu-data-act (“Data Description”). Miele may at its sole reasonable discretion change, amend or modify from time to time the Data Description to reflect the current status and scope of data covered by these Terms during the term of this agreement.
3. Processing of Personal Data
As far as the Data qualifies as personal data, each Party declares that they comply with the Regulation (EU) 2016/679 and, where relevant, Directive 2002/58/EC.
In particular, when the User is not the data subject, Miele may only make the Data which are personal data available to the Data Recipient, to the extent permitted under Regulation (EU) 2016/679 and, where relevant, Directive 2002/58/EC.
4. Access to Data by the Data Recipient
Miele shall, upon request, make Data available to the Data Recipient in accordance with the provisions set forth in Chapter 2 and 3 of the Data Act. Such access shall be provided without undue delay and, where technically feasible, continuously and in real time. The procedure for submitting access requests is set out on Miele’s Data Act Portal – developer.miele.com/eu-data-act.
5. Protection of Trade Secrets
5.1 If any Data made available under these Terms is protected as a trade secret within the meaning of Directive (EU) 2016/943, Miele shall identify such data and implement reasonable protective measures. The Data Recipient shall be required to maintain the confidentiality of such data and to apply equivalent safeguards.
5.2 Miele reserves the right to suspend or withhold access to specific trade secret data where the agreed protective measures are insufficient or where disclosure would result in serious economic harm. Any such suspension shall be duly substantiated and notified to the Data Recipient and the competent authority.
6. Use of Data by the Data Recipient
6.1 The Data Recipient must use the Data only for the purposes and under the conditions agreed with the User. The Data Recipient must erase the Data when they are no longer necessary for the agreed purpose, unless otherwise agreed with the User in relation to Data that are non-personal data. The Data Recipient must not make the Data available to another third party, unless it is contractually agreed with the User, compatible with any protection measures agreed with Miele and compatible with applicable EU or national law.
6.2 The Data Recipient must in any case not make the Data they receive available to an undertaking designated as a gatekeeper under Article 3 Digital Markets Act.
6.3 Where the Data Recipient is permitted to make data available to a third party, the Data Recipient must take appropriate contractual, technical and organisational measures to make sure that:
a) the third party applies at least the same protection measures as the Data Recipient must apply under these Terms and respects the protection measures taken by Miele;
b) the third party uses the Data exclusively in a way compatible with these Terms;
c) Miele has at least the same remedies against the third party as against the Data Recipient for use or disclosure of data prohibited under these Terms.
6.4 The Data Recipient must not:
a) (for the purposes of obtaining data) provide false information to Miele, deploy deceptive or coercive means or abuse gaps in Miele’s technical infrastructure designed to protect the Data; or
b) fail to maintain the contractual technical or organisational measures agreed under these Terms; or
c) alter or remove, without the agreement of Miele, technical protection measures applied by Miele to prevent unauthorised access to the Data and to ensure compliance with this contract; or
d) use the data they received for unauthorised purposes, in violation with these Terms; or
e) use the Data to develop a product that competes with the respective product of Miele, nor share the Data with a third party for that purpose;
f) use the Data to derive insights about the economic situation, assets and production methods of Miele, or their use of the Data;
g) use the Data in a manner that adversely impacts the security of the Product or any Related Service;
h) notwithstanding Article 22(2) points (a) and (c) of the GDPR, use Data for the profiling of natural persons, unless this is necessary to provide the service requested by the User.
i) disclose the data to another third party unlawfully or in violation of these Terms.
If the Data Recipient does any of these things, this constitutes a material breach of these Terms.
6.5 Additional restrictions may apply where necessary to safeguard the security of the Product or Related Services, as specified on Miele’s Data Act Portal – developer.miele.com/eu-data-act.
7. Compensation
7.1 The following provisions in this Section 7.1 shall only apply if the Data Recipient qualifies as an SME/non-profit research organization:
a) The Data Recipient declares that they are an SME, as defined in Recommendation 2003/361/EC or a non-profit research organisation. They further declares that they do not have partner or linked companies (‘enterprises’) as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as an SME. The Data Recipient shall provide evidence confirming its status as an SME upon Miele’s request.
b) Miele is currently offering access and use of the Data without any compensation. However, Miele shall be entitled to claim for compensation in the future. Miele shall provide information about the compensation and information setting out the basis for calculating the compensation, enabling the Data Recipient to verify that these requirements are met as stated on Miele’s Data Act Portal – developer.miele.com/eu-data-act.
c) Miele declares that any claimed compensation does not exceed the costs directly related to making the data available to the Data Recipient and which are attributable to the request. These costs include the costs necessary for data reproduction and dissemination via electronic means and storage, but not of data collection or production.
d) The Data Recipient will inform Miele immediately of any changes that call into question their categorisation as an SME.
e) Where the Data Recipient ceases to qualify as an SME, the Parties undertake to enter into negotiations about the amount of reasonable compensation. If there is no agreement after a reasonable period of time, Miele may suspend the sharing of the Data by giving notice to the Data Recipient. In this event, the Miele must ensure that the Data is retained, so that said Data will be made available to the Data Recipient once the compensation is agreed or a binding decision by a competent authority or court is issued requiring Miele to provide the Data to the Data Recipient.
f) Miele will bear the necessary costs for retaining the Data. However, the Data Recipient must compensate Miele for any economic harm suffered because the Data Recipient failed to inform Miele.
7.2 The following provisions in this Section 7.2 shall only apply if the Data Recipient does not qualify not as an SME/non-profit research organization:
a) Miele is currently offering access and use of the Data without any compensation. However, Miele shall be entitled to claim for compensation in the future. Miele shall provide information about the compensation and information setting out the basis for calculating the compensation, enabling the Data Recipient to verify that these requirements are met as stated on Miele’s Data Act Portal – developer.miele.com/eu-data-act.
b) In case of delay with payment of compensation, the Data Recipient should pay Miele interest on overdue compensation from the time when payment is due to the time of payment as required by the applicable law.
c) If the Data Recipient starts to qualify as an SME and informs Miele accordingly, the Parties undertake to modify the amount of the reasonable compensation in accordance with Article 9 (4) of the Data Act.
8. Use of Miele APIs
8.1 Where Data is made accessible via a Miele API or the Data Recipient intends to use Miele APIs for other purposes, the following provisions shall apply additionally.
8.2 The Miele APIs are proprietary application programming interfaces provided by Miele designed to enable access to Data, to facilitate remote control functionalities of Products via third-party software applications ("Software Applications"), or to otherwise interact with Products as described in and in accordance with the respective Miele API specification, available at Miele’s Developer Portal – developer.miele.com.
8.3 Access to the Miele APIs is conditional upon registration and the issuance of individual security credentials ("Security Credentials"), which are non-transferable and must be kept strictly confidential. The Data Recipient shall be solely responsible for all activities conducted using their credentials and shall notify Miele immediately in the event of any suspected loss, misuse, or unauthorised access.
8.4 Subject to compliance with applicable law and the conditions set forth herein, the Data Recipient is granted a non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Miele APIs in accordance with the respective Miele API specification, available at Miele’s Developer Portal – developer.miele.com.
8.5 The Data Recipient shall ensure that any Software Application integrating the API is developed in accordance with industry standards, securely configured, and free from malware or other harmful code. All costs associated with the implementation, testing, and operation of the Miele APIs shall be borne exclusively by the Data Recipient.
8.6 The Data Recipient shall not use the Miele APIs or Data in any manner that may impair, harm, or damage Miele’s reputation or systems, nor shall the Miele APIs be used for unlawful purposes, including but not limited to violations of data protection law or intellectual property rights. The Data Recipient shall refrain from reverse engineering, copying, modifying, or creating derivative works from the Miele APIs or its documentation, except where permitted by mandatory law.
8.7 Marketing, publication, or distribution of Software Applications incorporating the Miele APIs requires prior written approval from Miele, except where the Data Recipient is explicitly permitted under the EU Data Act. Such approval may be withdrawn at Miele’s discretion, in which case the Data Recipient shall immediately cease all related activities and discontinue use of the Miele APIs.
8.8 The Data Recipient acknowledges Miele’s exclusive ownership of all intellectual property rights in the Miele APIs and its documentation. Any use of Miele’s trademarks requires Miele’s prior written approval and must comply with the Miele Brand Guidelines - Miele Brand Guidelines – developer.miele.com. Upon approval, the Data Recipient may indicate compatibility with Miele appliances, provided such statements are accurate.
8.9 Miele reserves the right to modify, update, or discontinue the Miele APIs at any time. The Data Recipient shall be responsible for adapting their Software Application accordingly and shall not be entitled to any compensation for resulting changes or disruptions.
8.10 The Data Recipient shall act as the sole data controller with respect to any personal data processed via the Miele APIs and shall ensure full compliance with applicable data protection laws, including the provision of transparent information to end users and the collection of any necessary consents.
8.11 In the event of termination of these Terms, the Data Recipient’s right to use the Miele API shall cease immediately, and all related materials shall be returned or deleted without delay.
9. Duration and Termination
9.1 The Terms take immediate effect.
9.2 The Terms are concluded for an indeterminate period, subject to any grounds for expiry or termination under these Terms. These Terms shall remain in effect for as long as the Data Recipient is authorized to access Data on User’s behalf or is using Miele APIs.
9.3 The Data Recipient may terminate the Terms at any time by giving notice to Miele. The Data Recipient must notify the User that the Terms have been terminated.
9.4 Termination shall not affect any accrued rights or obligations, nor any provisions intended to survive termination, including those relating to confidentiality.
10. Remedies/Warranties
10.1 In the case of a non-performance by a Party, the other Party shall have the remedies listed in the following clauses, without prejudice to any remedies available under applicable law.
10.2 A Party may not resort to a remedy to the extent that they cause the other Party’s non-performance, such as where a shortcoming in its own data infrastructure did not allow the other Party to duly perform its obligations. A Party may also not rely on a claim for damages suffered to the extent that it could have reduced the damage by taking reasonable steps.
10.3 The aggrieved party can:
a) request that the non-performing Party complies, without undue delay, with its obligations under this contract, unless it would be unlawful or impossible or specific performance would cause the non-performing Party unreasonable efforts or costs;
b) withhold their own performance under these Terms, unless this would foreseeably cause a detriment to the non-performing Party that is obviously disproportionate in the light of the gravity of the non-performance;
c) terminate these terms with immediate effect without penalty, by giving notice to the other Party, if:
a. the other Party’s non-performance is a material breach of these Terms; or
b. in the case of non-performance which is not a material breach, the aggrieved Party has given a notice fixing a reasonable period of time to remedy the non-performance and the period has lapsed without the other Party performing
d) claim damages caused to them by the other Party’s non-performance which is not excused under Section 10.4. The non-performing Party is liable only for damage which it foresaw or could be reasonably expected to have foreseen at the time of conclusion of these Terms as a result of its non-performance, unless the non-performance was intentional or grossly negligent.
10.4 A Party’s non-performance is excused if the non-performing Party proves that it is due to an impediment beyond its control and that it could not reasonably have been expected to take the impediment into account at the time of the conclusion of these Terms, or to have avoided or overcome the impediment or its consequences. Where the impediment is only temporary the excuse has effect for the period during which the impediment exists. The non-performing Party must ensure that notice of the impediment and of its effect on its ability to perform is received by the other Party within a reasonable time after the non-performing Party knew or ought to have known of these circumstances. The other Party is entitled to damages for any loss resulting from the non-receipt of such notice.
11. Confidentiality
11.1 Each Party (“Receiving Party”) shall keep strictly confidential and shall not disclose to any third party any Confidential Information received from the other Party (“Disclosing Party”) in connection with these Terms, except as expressly permitted herein or with the prior written consent of the Disclosing Party. The parties agree to take all reasonable measures to store Confidential Information securely and keep in full confidence.
11.2 “Confidential Information” means all information (whether in writing, electronically, orally, digitally embodied or in any other form) disclosed by one party to the other under or in connection with this Agreement that:
a) is designated by the disclosing party as proprietary or confidential, or
b) should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure.
Confidential information shall in particular be deemed to be confidential information: Trade secrets, products, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, personnel matters, digitally embodied information (data).
11.4 Unless expressly permitted by the disclosing party in writing, the receiving party must:
a) hold the disclosing party’s Confidential Information in confidence and not disclose it to third parties except as permitted in these Terms or applicable laws, and
b) only use such Confidential Information to fulfill its obligations and exercise its rights in these Terms or applicable laws.
11.5 The receiving party may disclose such Confidential Information to its employees, agents, contractors and other representatives who rely on knowledge of such information for the purpose, provided that the receiving party ensures that these recipients comply with this Agreement as if they were bound by this Agreement (Confidentiality). Both parties are obliged to protect the Confidential Information against unauthorized access by third parties by means of appropriate confidentiality measures and to comply with the statutory and contractual provisions on data protection when processing Confidential Information. This also includes state-of-the-art technical security measures (Art. 32 GDPR) and the obligation of employees to maintain confidentiality and data protection (Art. 28 para. 3 lit. b GDPR).
12. Changes to the Terms
Any changes to the Terms must be agreed between the parties. In case Miele wishes to make changes to the Terms Miele shall notify the Data Recipient of the changes and the Data Recipient may object to the changes within a reasonable period of time as specified by Miele ("Objection Period") within the notification. If the Data Recipient does not object to the changes within the Objection Period it will be deemed that the Data Recipient accept the changes.
13. General Provisions
13.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this Terms shall be the courts responsible for Miele. If you are a consumer and have your habitual residence in another country at the time of conclusion of the contract, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.