1.1 FRITZ! GmbH, FRITZ.com GmbH, FRITZ! Service GmbH and FRITZ! Technology GmbH, all located at Alt-Moabit 95, 10559 Berlin, belong to the FRITZ! group of companies (henceforth collectively also 'FRITZ!' or 'we'). These general terms of use ('terms of use') govern the contractual relationship between FRITZ! and you ('you' or 'user') in using the MyFRITZ!Net website.
1.2 By agreeing to the terms of use when registering, you are accepting these terms of use and entering into a contract with FRITZ! on the use of MyFRITZ!Net ('licence agreement').
1.3 Registration as a MyFRITZ!Net user is free of charge. The data requested by FRITZ! for registration must be supplied correctly and in full.
1.4 During login you create a username (consisting of your email address) and select a password. Keep this password secret. FRITZ! will request the password only for login, never by email or any other means.
2.1 MyFRITZ!Net is an optional free service from FRITZ!.
2.2 MyFRITZ!Net can be used only in connection with certain FRITZ! products or FRITZ! services that are expressly mentioned in connection with MyFRITZ!Net.
2.3 The use of MyFRITZ!Net is merely a general possibility. There is no guarantee for the availability of the servers required for MyFRITZ!Net nor for the functionality of MyFRITZ!Net.
2.4 The general possibility of using MyFRITZ!Net is given only in connection with the state of technology. Temporary restrictions may arise through technical disruptions like interruption of the power adapter, hardware or software errors, etc. FRITZ! continues to reserve the right to restrict its services temporarily. This may be required because of limited capacity, the security and integrity of the servers, or in order to perform technical measures that serve the orderly or improved integration of services. In these cases FRITZ! considers the justified interests of the users.
2.5 In order to perform work on the system, there are planned maintenance times during which certain functions may not be accessible or only to a limited degree. This maintenance is required to preserve the security and integrity of the servers, especially to avoid serious disturbances of the software and the saved data.
3.1 If you have used the opportunity in MyFRITZ!Net to select a domain name of your own, you are responsible for making sure that the domain name violates neither any legal regulations nor the rights of third parties (including the rights of FRITZ!). FRITZ! advises that if this is the case – especially for international terms – you must comply with other national legal systems.
3.2 You are responsible for the contents you provide or make accessible on or via a MyFRITZ! product (for instance, your FRITZ!Box). You are obligated to provide or make accessible no contents over MyFRITZ!Net that violate legal regulations or the rights of third parties (including the rights of FRITZ!). This is also the case when such contents are made accessible through hyperlinks or other connections you may set on the websites of third parties.
3.3 You are not authorized to use software, scripts or any other tools in connection with the use of MyFRITZ!Net, which can impair the function of MyFRITZ!Net. You may not undertake any measures that can have an unacceptable or disproportionate strain on the FRITZ! infrastructure as a consequence. It is not permitted for you to block, overwrite, or modify contents generated by FRITZ!, or otherwise intervene with MyFRITZ!Net in a disruptive manner.
3.4 You agree not to use any MyFRITZ!Net domain names or services to send spam or unwanted email. This applies especially, but not exclusively, to emails that constitute or encourage pyramid schemes or chain letters, and which violate valid legal regulations or official orders. You also agree not to use any MyFRITZ!Net domain names or services to change or obscure any email headers, or to assume the identity of a sender without the express permission of said sender.
3.5 The email address entered during registration is your contact address for MyFRITZ!Net. We also use this email address to notify you about important licence agreements. You are obligated, to a reasonable degree, to keep this email address accessible and to regularly read notifications sent by FRITZ!. If your email address changes, you are obligated to make the corresponding change on MyFRITZ!Net.
4.1 FRITZ! reserves the right to terminate the MyFRITZ!Net service at any time. In the event of a termination, the users will be given sufficient advance notification of at least 30 days to give them the opportunity to back up their data. After this period has elapsed, FRITZ! will delete all of your data relating to the service, including the login data.
4.2 FRITZ! is authorized, using equitable discretion (§ 315 of Bürgerliches Gesetzbuch, German Civil Code), to block or delete you as a user, in particular if there are concrete indications that you have infringed these terms of use, the rights of third parties, or the applicable laws. Before a block or deletion, FRITZ! will inform you of the reasons, to the extent reasonable and/or legally required, and give you the opportunity to comment, unless immediate blocking is necessary for urgent reasons, in particular to protect other users or third parties.
4.3 As soon as you have been blocked or deleted as a user, you can no longer use MyFRITZ!Net and cannot register again without previously obtaining express permission from FRITZ!. In the event of a lawful blocking or deletion, there is generally no claim to the restoration of access. Any statutory claims, in particular in the event of unlawful blocking, shall remain unaffected by this.
4.4 You can delete your account yourself at any time.
5.1 The following data in particular is recorded and used by FRITZ! for its own purposes. Other data processed by the products themselves within the scope of the definition of the EU Data Act (Directive (EU) 2023/2854) can be viewed under https://fritz.com/en/pages/declarations.
5.1.1 Account ManagementUsers must register and set up a personal account in order to use the MyFRITZ!Net (myfritz.net) service available online. This account is set up when you enter an email address for status information on your FRITZ!Box during installation, or when you register your FRITZ!Box with MyFRITZ!Net at a later point in time.Then FRITZ! keeps a MyFRITZ! account for the email address saved here. In the context of registration and setting up a user account, we collect and save the following personal data, but do not pass them on to third parties: the user's email address, password (hash), information on the devices that have been used to access this account (device fingerprint, operating system, browser and browser version), IP addresses of the last 10 login attempts (the IP addresses of earlier attempts are deleted), the optional individualized text (shown in the subject line of your email for security), and possible status information on your email inbox if messages bounce back from your email provider.In the case of irregularities in your MyFRITZ! account or anomalies or peculiarities with one of the devices registered there, FRITZ! can contact the email address saved with the account.Registration of the user serves to restrict and control access to the contents and services that we offer only to registered users on our MyFRITZ!Net web pages.
5.1.2 FRITZ!Box MetadataFor the purposes of identifying itself and roughly outlining the application scenario, the FRITZ!Box transmits to MyFRITZ!Net defined, device-specific metadata (such as FRITZ!Box model and provider name, MAC address, FRITZ!OS version number, country settings, language, and operating mode), including metadata from downstream FRITZ! devices. It can be accessed by the user at all times within the scope of the support information and can be exported upon registration with MyFRITZ!Net. The data will be stored and preserved persistently on MyFRITZ!Net.
5.1.3 App MetadataMyFRITZ! collects and maintains metadata (language, device type, operating system version...) from connected FRITZ! apps, in order to ensure technical compatibility.
5.1.4 Statistical EvaluationsFor statistical evaluation of the usage of the MyFRITZ!Net web pages we use Matomo web analytics. This service analyses only navigation to and usage of the MyFRITZ!Net websites. The IP address is anonymized for transmission.
5.1.5 DynDNSTo simplify communication with your FRITZ!Box registered with MyFRITZ!Net, FRITZ! operates a dynamic DNS (DynDNS) server. For this your FRITZ! device transmits its IP address to the DynDNS server, which saves only the IP address of your FRITZ!Box that is currently valid in the constant subdomain. Outdated IP addresses are deleted immediately. If you configure MyFRITZ!Net sharing on a device connected to a FRITZ!Box registered with MyFRITZ!Net, you allow access to this device (via the opened ports) from the internet under a subdomain of the constant subdomain belonging to myfritz.net. The device name of the device is used as the subdomain. Example: Fileserver1.drfh40jierq5we2rtz.myfritz.net – if your device is called Fileserver1.
5.1.6 NewsletterWhen you open the link to the FRITZ! Newsletter from MyFRITZ!Net, for your convenience, the email address of your MyFRITZ! account is automatically pre-allocated to receive the FRITZ! Newsletter and thus transmitted to FRITZ!. You can change this email address for receiving the FRITZ! Newsletter. For data protection information regarding the FRITZ! Newsletter, see the privacy policy on our websites at fritz.com
5.1.7 MyFRITZ! Direct Connection (USP)If your FRITZ!Box is registered with MyFRITZ!Net, you can enable the MyFRITZ! direct connection to MyFRITZ!Net. The MyFRITZ! direct connection is disabled by default. The MyFRITZ! direct connection allows you to receive on MyFRITZ!Net, in real time, information such as energy data from connected FRITZ! smart plugs, and energy data from electricity meters if a FRITZ!Smart Energy 250 is connected. You can also then configure settings for this FRITZ!Box directly on MyFRITZ!Net (e.g. install an available update). The MyFRITZ! direct connection is generally maintained permanently, with the relevant data being transmitted to FRITZ! and processed exclusively by FRITZ!. FRITZ! uses this data to prepare your personal view on MyFRITZ!Net, in emails and apps, and to secure the operability of the systems.
5.2 If you make the described device data available us, we are allowed to use this data exclusively for the following purposes:
5.3 The user can view, export or delete all device data relating to them via the MyFRITZ! user interface, to the extent that this is technically possible.
5.4 Device data that FRITZ! uses for its own purposes will be stored only for as long as is necessary for these purposes, unless statutory storage obligations apply. Your data can be removed permanently by deleting the account.
5.5 You can terminate at any time your consent to the data usage in accordance with the EU Data Act by deleting the account in the MyFRITZ! interface.
6.1 To the extent that FRITZ! exercises its right to terminate MyFRITZ!Net at its own discretion (cf. section 4.1), FRITZ! bears no liability.
6.2 To the extent that the general possibility of using MyFRITZ!Net (cf. section 2) should temporarily not exist, FRITZ! bears no liability.
7.1 Should you culpably violate one of your obligations (section 3) or the rights of third parties, or legal regulations, and damages to FRITZ! arise as a result of this violation, you are liable to FRITZ! in accordance with the statutory provisions, unless otherwise specified in these terms of use.
7.2 Should you culpably violate one of your obligations (section 3) or the rights of third parties, or violate statutory regulations, and a third party want to claim liability by FRITZ!, you exempt FRITZ! from all claims by the third party. (Example: The member name you chose violates the rights of a third party.) In this case you also bear the cost of legal defence for FRITZ! including all court costs and fees for legal counsel.
8.1 These terms of use are subject to the substantive law ('materielles Recht') of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law provisions. For consumers, the following applies: The choice of law does not affect the protection afforded by the mandatory provisions of the law of the country in which the consumer has their habitual residence.
8.2 FRITZ! reserves the right to amend these terms of use at any time insofar as this is necessary to adapt to changes in legal requirements, significant market conditions, additions or modifications to the scope of functionality, or comparable circumstances that have occurred after the conclusion of the contract. Any changes to the terms of use will be sent to you by email at least two weeks before they take effect. If you do not object to the application of the changed terms of use within two weeks after receiving the email, the changed terms of use are deemed to be accepted. In the email that contains the changed terms of use, FRITZ! will expressly refer to this two-week deadline. If you object, we will be forced to terminate the user agreement with you, resulting in the deletion of your account in accordance with Section 4.
8.3 Should one stipulation of these terms of use be invalid, the remaining terms remain unaffected. The invalid stipulation is considered to be replaced by another stipulation that most closely approaches the purpose of the invalid stipulation in a legally valid way. The same is true for any loopholes that may be found.