Terms Of Use

§ 1 Scope

The following terms and conditions apply to the use of the forum shelly-forum.com & Shelly-Forum.com operated by Shelly DACH GmbH (hereinafter referred to as the “Provider”). The use of the forum is only permitted if you, as a user, accept these Terms of Use.

§ 2 Registration, Conclusion of Contract, and Subject Matter

1. In order to use most functions of the forum, you must complete the corresponding registration process. After registering, you will receive a confirmation email to verify your data. By activating your account through the Provider, a free-of-charge forum usage agreement is concluded (conclusion of contract).
2. The subject matter of the contract is the free use of the forum’s features as an online communication platform. For this purpose, you will be provided with an “account” that allows you to create posts and topics in the forum.
3. There is no legal claim to activation or participation in the forum. The Provider has the unrestricted right to control access (house rules).
4. Your forum account may only be used by you. As the account holder, you are responsible for preventing any misuse of your account. Your login data must therefore be protected from access by third parties. The use of trademarked terms or internet addresses as a username (nickname) is not permitted.
5. The Provider endeavors to keep the service available without interruption. However, even with the utmost care, downtime cannot be ruled out, during which the web servers are not accessible via the internet due to technical or other issues outside the Provider’s control (third-party fault, force majeure, hacker attacks, etc.). The user acknowledges that 100% availability is not technically feasible.
6. The Provider reserves the right to change and expand the content and structure of the platform as well as the associated user interfaces, provided that the purpose of the agreement concluded with the user is not or only insignificantly impaired. The Provider will inform the users about such changes accordingly.
7. The purpose of the forum is to serve as a public “marketplace of opinions.” A respectful, factual, and peaceful atmosphere without insulting hostility is expressly desired.

§ 3 Duties of Forum Users

1. As a user, you agree not to post any content that violates these rules, common decency, or applicable German law. In particular, the following is prohibited:
   • Publishing insulting, degrading, defamatory, or untrue content.
   • Spreading hate speech, personal attacks, discrimination, or any kind of harassment.
   • Engaging in deliberately provocative behavior aimed at eliciting negative reactions from others, even if no direct insults are used.
   • Sending spam, self-promotion, third-party advertising, or referal links without the Provider’s explicit written permission. This includes any form of covert advertising and repeatedly posting the same topic (double posting).
   • Using legally protected content (e.g., under copyright or trademark law) without authorization.
   • Engaging in unfair competition practices.
   • Publishing press articles of third parties without the author’s consent.
   • Posting content that violates applicable laws or regulations.
   • Knowingly spreading misleading or false information.
   • Posting links to harmful websites or files containing malware, viruses, or other dangerous content.
2. The discussions in the forum are intended for professional exchange regarding Shelly devices and related topics. Contributions should therefore remain contextually related to the forum’s focus. Stay on topic and do not deviate inappropriately. If new, unrelated topics arise, please create a new discussion thread.
3. The community serves as a resource for assistance, problem-solving, and knowledge transfer. Strive to provide helpful, constructive, and informative responses. Criticism and feedback directed at other users or their content is allowed, provided it remains respectful and objective.
4. Each user is generally allowed only one account. Multiple registrations are prohibited and will result in the immediate ban of all accounts belonging to the respective user without prior warning.
5. Please report any inappropriate behavior that violates these rules using the forum’s reporting function, enabling moderators and the Provider to take appropriate action.
6. In the event of a violation, especially of the aforementioned rules, the Provider may, independently of any termination, impose the following sanctions:
   • Deletion or modification of content posted by the user,
   • Issuance of a warning, or
   • Blocking access to the forum.
7. If third parties or other users take legal action against the Provider due to possible legal violations that
   • result from content you have posted as a user and/or
   • arise from your use of the Provider’s services,
   you shall indemnify the Provider against all claims, including claims for damages, and reimburse the Provider for the costs arising from the potential legal violation, including the necessary costs of legal defense. This does not apply if you are not responsible for the possible legal violation.

§ 4 Transfer of Usage Rights

1. The copyright for your topics and posts, insofar as they are eligible for copyright protection, generally remains with you. By posting a topic or contribution, however, you grant the Provider the right to permanently display and store it on its websites, as well as to delete, edit, move, or close your topics and posts.
2. The aforementioned usage rights remain in effect even if your forum account is terminated.

§ 5 Limitation of Liability

1. The Provider assumes no responsibility for the content posted in the forum, particularly with regard to its accuracy, completeness, or timeliness.
2. The Provider is liable for intent and gross negligence, as well as for the breach of essential contractual obligations. In cases of slightly negligent breaches of essential contractual obligations, the Provider’s liability is limited to the foreseeable damages typical of the contract at the time of its conclusion. In the case of slightly negligent violations of secondary obligations that are not essential contractual obligations, the Provider shall not be liable. Liability for claims under the Product Liability Act, as well as for damages resulting from injury to life, body, or health, remains unaffected.

§ 6 Term and Termination of the Contract

1. The agreement is concluded for an indefinite period.
2. Both parties may terminate the agreement at any time without prior notice.
3. If the user deletes their account or has it deleted (contract termination), their public statements, in particular their forum posts, will remain visible to all readers, but the account itself will no longer be accessible and will be shown as “Guest.” All other personal data will be deleted.