Additional terms for the access of Data and use of Miele APIs
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”) and any natural or legal person who owns or is contractually entitled to use Products, Related Services and/or Miele APIs ("User").
These Terms additionally apply with and amend the General Terms and Conditions for Miele digital products & services.
These Terms do not apply to the access to and use of data that are generated by the use of Miele Professional Appliances and Miele Professional Digital Services & Products. The access to and use of those data is governed by specific Miele Professional Terms.
1.2 The User declares that they are either the owner of the Product or contractually entitled to use the Product under a rent, lease or similar contract and/or to receive the Related Service(s) under a service contract. The User commits to provide upon duly substantiated request to Miele any relevant documentation to support these declarations, where necessary.
1.3 Miele acknowledges the User’s rights under Regulation (EU) 2023/2854 ("EU Data Act") and undertakes to make data available in accordance with the principles of access-by-design and access-by-default, subject to the Terms set forth herein.
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. Use of Data by Miele
3.1 Miele shall be entitled to use non-personal Data for purposes that are lawful and proportionate, including but not limited to the performance of contractual obligations, provision of support and warranty services, ensuring product safety and quality, for internal reporting and the improvement or development of products and services.
3.2 Miele may also aggregate or derive Data for analytical or commercial purposes, provided that such Data is anonymised and does not permit the identification of the User or the reconstruction of the original Data or Miele is otherwise permitted in accordance with applicable laws.
3.3 Under no circumstances shall Miele use the Data to derive insights into the User’s economic position, operational methods, or market behaviour in a manner that could reasonably be considered detrimental to the User’s legitimate commercial interests.
4. Sharing of Data with Third Parties
4.1 Miele may share non-personal Data with third parties, including other entities of the Miele Group (Subsidiaries), service providers and partners, where such sharing is necessary to fulfil the purposes outlined above. Any third party receiving Data shall be contractually bound to use the Data solely for the permitted purposes, to implement appropriate technical and organisational safeguards, and to refrain from further sharing unless expressly authorised by the User.
4.2 Miele may also engage cloud service providers and other data processors to store or process data on its behalf, provided such processing remains under Miele’s responsibility and control.
5. Processing of Personal Data
Where Data qualifies as personal data, Miele shall process such Data strictly in accordance with Regulation (EU) 2016/679 (GDPR) and, where applicable, Directive 2002/58/EC. Miele shall ensure that any processing is based on a valid legal ground and that appropriate safeguards are in place to protect the rights of data subjects. Detailed information about Miele’s use of personal data can be found in Miele’s Privacy Notice.
6. Access to Data by the User
Where the User is unable to access Data directly from the Product or Related Services, Miele shall, upon request, make Data available to the User in a structured, commonly used, and machine-readable format, accompanied by the metadata necessary to interpret and use the Data.
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.
7. Protection of Trade Secrets
7.1 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 User shall be required to maintain the confidentiality of such data and to apply equivalent safeguards.
7.2 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 User and the competent authority.
8. Use of Data by the User
8.1 The User may use the Data for any lawful purpose, subject to the limitations set forth herein. The User shall not use the Data to develop competing products nor share the Data with a third party for that purpose, to derive insights into Miele’s or third parties manufacturing or commercial operations, or to share the Data with entities designated as gatekeepers under Regulation (EU) 2022/1925.
8.2 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.
9. Data Sharing with Third Parties at the User’s Request
9.1 Upon User’s request, Miele shall make the Data available to a third party ("Data Recipient") designated by the User, provided that the Data Recipient is not a gatekeeper and that the sharing complies with these Terms, applicable data protection and trade secret laws. The procedure for submitting access requests is set out on Miele’s Data Act Portal – developer.miele.com/eu-data-act. The User acknowledges that a request under this Section 9 cannot benefit a third party considered as a gatekeeper under Regulation (EU) 2022/1925.
9.2 Where the User submits such a request, Miele will agree with the Data Recipient the arrangements for making the Data available in accordance with Chapter III and Chapter IV of the Data Act.
9.3 Miele shall not be liable for the Data Recipient’s use of the Data unless it has acted negligently or in breach of its obligations under these Terms or the EU Data Act.
10. Transfer of use / Multiple user
10.1 Where the User contractually transfers (i) ownership of the Product, or (ii) their temporary rights to use the Product, and/or (iii) their rights to receive Related Services to a subsequent person (‘Subsequent User’) and loses the status of a user after the transfer, Miele undertakes to take the necessary steps to conclude a contract with the Subsequent User regarding Miele’s use of the Data. The Initial User must ensure that the Subsequent User cannot use the Initial User’s account.
The rights of Miele to use Product Data or Related Services Data generated prior to the transfer will not be affected by a transfer i.e. the rights and obligations relating to the Data transferred under these Terms before the transfer will continue after the transfer.
10.2 Where the initial User grants a right to use of the Product and/or Related Service(s) to another party (‘Additional User’) while retaining their quality as a user, Miele takes the necessary steps to conclude an agreement with the Additional User. The Initial User must ensure that the Additional User cannot use the initial User’s account.
The initial User acts as a first contact point for the Additional User, if the Additional User makes a data access request under Articles 4 or 5 of the Data Act. Miele must collaborate with the Initial User to address the request.
10.3 To the extent that the initial User’s failure to comply with their obligations under this Section 10, the initial User will indemnify Miele in respect of any claims for damages by the Subsequent or Additional User towards Miele for their use of the Data after the transfer or temporary use of the Product and/or Related Service(s).
11. Use of Miele APIs
11.1 Where Data is made accessible via Miele APIs or the User intends to use Miele APIs for other purposes, the following provisions shall apply additionally.
11.2 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.
11.3 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 User 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.
11.4 Subject to compliance with applicable law and the conditions set forth herein, the User is granted a non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Miele APIs solely for the purposes described in the respective Miele API specification, available at Miele’s Developer Portal – developer.miele.com.
11.5 The User shall ensure that any Software Application integrating Miele APIs 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 User.
11.6 The User shall not use 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 User shall refrain from reverse engineering, copying, modifying, or creating derivative works from Miele APIs or its documentation, except where permitted by mandatory law.
11.7 Marketing, publication, or distribution of Software Applications incorporating Miele APIs requires prior written approval from Miele, except where the User is explicitly permitted under the EU Data Act. Such approval may be withdrawn at Miele’s discretion, in which case the User shall immediately cease all related activities and discontinue use of the Miele API.
11.8 The User acknowledges Miele’s exclusive ownership of all intellectual property rights in the Miele APIs and its documentation. Any use of Miele trademarks requires Miele’s prior written approval and must comply with the Miele Brand Guidelines – developer.miele.com. Upon approval, the User may indicate compatibility with Miele appliances, provided such statements are accurate.
11.9 Miele reserves the right to modify, update, or discontinue Miele APIs at any time. The User shall be responsible for adapting their Software Application accordingly and shall not be entitled to any compensation for resulting changes or disruptions.
11.10 The User shall act as the sole data controller with respect to any personal data processed via 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.
11.11 In the event of termination of these Terms, the User’s right to use Miele APIs shall cease immediately, and all related materials shall be returned or deleted without delay.
12. Duration and Termination
12.1 The Terms take immediate effect.
12.2 The Terms are concluded for an indeterminate period, subject to any grounds for expiry. These Terms shall remain in effect for as long as the User owns or is entitled to use the Product or receives Related Services or uses Miele APIs.
12.3 Termination shall not affect any accrued rights or obligations, nor any provisions intended to survive termination, including those relating to confidentiality and dispute resolution.
13. Remedies/Warranties
In the event of a breach of these Terms or any non-performance of obligations under these Terms, the parties are entitled to the warranty rights and/or remedies under applicable laws. The provisions of the General Terms and Conditions for Miele digital products & services governing the limitation of liability shall apply accordingly.
14. 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 User of the changes and the User may object to the changes within a reasonable period of time as specified by Miele ("Objection Period") within the notification. If the User does not object to the changes within the Objection Period it will be deemed that the User accept the changes.
15. General Provisions
15.1 All information exchanged under these Terms shall be treated as confidential, unless otherwise agreed or required by law.
15.2 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.
15.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on the International Sale of Goods (CISG). If the User is a consumer and has its 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.