EULA - Thermia Online
End User License Agreement
USER AGREEMENT (LICENSE AGREEMENT) for all of Thermia's Online services
Thermia AB, CRN 556269-6483, owns the copyright to the Thermia Online (”Online”) software. The copyright means that Thermia has exclusive rights to Online.
By downloading, installing and/or using Online you agree to the following Terms. Approval of the Terms is a prerequisite to gain the right to download, install and/or use Online. The Terms in this Agreement address your legal rights and obligations and include important disclaimers and choice of law and forum provisions.
The Terms will govern any upgrades provided by Thermia which replace and/or supplement the original Online, unless such an upgrade consists of a new software in which case a new license must be issued based on the terms applicable for the new software.
Thermia owns the copyright to Online and reserves all rights not expressly granted to you in accordance with the Terms in this Agreement.
- USE OF APPLICATION
- Thermia grants you a non-exclusive, non-transferable and limited right and license to install and/or use Online. Online may only be used for your own use on a device you own or control This license does not allow you to use Online on any device that you do not own or control. You are also responsible for not allowing others to have access to your Online login details.
- It is not permitted to use Online in a way that can damage, modify, disable, overload or impair Online, your heating system or Online hardware, or servers or networks connected to Online. Neither is it permitted to use Online in a way that can disrupt other users of Online or servers or networks connected to Online.
- You agree that you are solely responsible for (and that Thermia has no responsibility to you or to any third party for) your use of Online, any breach of your obligations under the Agreement Terms, and for the consequences (including any loss or damage which Thermia may suffer) of any such breach.
- You also agree not to use Online in any manner that may damage, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Thermia cannot be indemnified and in any way responsible for any such use by you.
- You also agree that Thermia is in no way responsible for disruptions to the Online service, whatever the reason. As the user, you are responsible for the connection to Online, regardless if it takes place using your existing broadband or a separate modem. You are also responsible to ensure your connection is not open to attacks and intrusions from hackers. Thermia is thus not responsible for damage to your heating pump or property if you are not able to control your heating pump from Online. If your Internet connection or Online does not work, you are thus responsible for setting the heating pump manually to prevent, for instance, frost or water damage.
- You are also responsible for ensuring that your contact details (phone number and email address) registered in Online are up to date and that these details can be used to receive information from Online. Correct contact details are for instance a prerequisite for the alarm function. You are also responsible for ensuring your login details are deleted/modified if you sell the property to which the Online service is connected.
You acknowledge that
- Online is subject to copyright and confidential information that is protected by applicable legislation, for, inter alia, intellectual property, trade secrets and criminal law, and
- Thermia exclusively owns the copyright, owns all rights to use and rights to all forms of reproduction (e.g. source code and object code), as well as unrestricted rights of disposition over Online and its content, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing under legislation for patents, copyrights, trade secrets, trademarks, unfair competition, and all other proprietary rights for Online or updated versions, new Online versions or developed versions and restoring of Online now or hereafter in force worldwide. You agree that you will not, or intentionally or negligently will not allow or enable any third party to,
- rent, lease, lend, sell, redistribute or sub-license Online, copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Online, any updates, or any part thereof
- take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in Online with any accessories,
- use Online to access, copy, transfer, transcode or retransmit content in violation of this Agreement, any law or regulation or third party rights, or
- remove, obscure, or alter Thermia’s copyright notices, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Online.
- CONSENT TO USE OF OPERATING DATA
You agree that Thermia may collect and use technical data and related information, including but not limited to technical information about your heating pump, system or Online and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Online. You also agree that Thermia can use this information to directly, or through its resellers or installers, provide you with services and/or products, or for Thermia's product development as long as the information used for the latter does not identify you personally.
- ISSUING PERIOD AND TERMINATION
Online is issued until further notice with a termination period of twelve (12) months. Termination by Thermia must be sent in writing to the email address registered in Online.
Thermia, however, is entitled to terminate the Agreement immediately and without notice, and thus any issued license, if you breach the Agreement Terms and the breach of agreement is not of minor significance. The license is thus automatically terminated in such cases. Upon termination of the license, you are obliged to cease all use of Online, and destroy all copies, full or partial, of Online.
- ONLINE SERVICES
- You accept that Thermia may during the issuing period and without notice modify the service provided by Online. Thermia may also with 12 months' notice stop the use (see Termination in point 4 above), shut down or otherwise disable the Online service for any reason and without any liability for Thermia. Information referring to such incidents will also be published on www.thermia.se.
- During the issuing period, Thermia may update Online even if Thermia is not obliged to do so. In those cases where Thermia finds it no longer necessary to provide access to a version but instead replaces it with a new one, Thermia reserves the right to terminate the license with 12 months' notice. The reason here is that software applications have a significantly shorter shelf life compared to, for instance, hardware and the heat pump. You may be offered as a result to sign a new license agreement with new terms. You should therefore regularly check for any updates or new versions of both Online and other apps you download from App Store or Google Play.
As far as permitted by law, you are obliged to protect, remunerate and indemnify Thermia from liability for damages, actions, disputes or legal actions, as well as losses, liabilities, damages, costs and expenses (including reasonable legal costs) that are attributable to your use of Online, including you having downloaded, installed, or used Online, or you have breached these Agreement Terms.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- You hereby expressly and unconditionally confirm and acknowledge that you use Online completely at your own risk and that the responsibility for ensuring the quality, performance and precision of the control and monitoring of your heat pump is satisfactory is entirely incumbent on you. As far as permitted by applicable legislation, Online and related services are provided in their existing state without any warranties. Thermia hereby disclaims all responsibility for Online and its use and/or impact/effect, with the exception of that expressly governed by law. The disclaimer also covers during the issuing period that Online provides satisfactory quality, suitability for a specific purpose, for accuracy, for undisturbed usufruct and non-infringement of third party rights. Thermia issues no guarantees that your use of Online is not satisfactory, that the functions contained in or services performed or provided by Thermia through Online meet with your requirements, that there are no operating disruptions to Online or the services are error free or that faults in Online or the services are rectified.
- Without putting limitations on the content in the previous section, you confirm expressly that errors and disruptions can occur in the communication chain and in the case of such errors and disruptions, control commands that you sent using the application may not have been performed, in spite of the application creating an automatic text message to the contrary. No spoken or written information or advice provided by Thermia or its authorized representatives can issue such a guarantee. In the event that errors occur in the application or services, you bear the total cost for all necessary maintenance, repair or corrective measures.
- To the extent not prohibited by law, Thermia shall in any event be liable for personal injury, or any accident, or any special, indirect or consequential damages whatsoever, including, without limitation, damage to property, rectification costs related to heating system installation, damages for loss of profits, loss of data, disruptions to business or any other commercial damages or losses, arising out of or related to your use or inability to use the application, however caused, regardless of product liability (contract, tort or otherwise) and even if Thermia has been notified of the possibility of such damages. Thermia’s total liability to you in any event for all damages (other than those deemed mandatory by applicable law in cases involving personal injury) shall not exceed the amount of fifty (50) euro. The previous limitations will apply even if the above-mentioned remuneration fails to achieve its purpose.
- You are solely responsible for any damage to your device, heat pump, heating system, property or loss of data that results from the use of the application.
- The application is not intended for use in any activities in which the failure of the application could lead to death, personal injury or severe physical or environmental damage.
- Even if Thermia has tried to produce an error-free and correct application, Thermia does not provide any guarantees for the application which is made available "as is".
- You are encouraged to notify Thermia of any errors you may discover. Thermia will seek to correct any errors, but is not obligated to do so.
- The failure of Thermia to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to Thermia.
- Should any provision in the Agreement or part thereof be deemed invalid, this shall not entail the entire Agreement being invalid, but in so far as the invalidity substantially affects the parties' rights or obligations under the Agreement, reasonable adjustment of the Agreement shall be made in this provision without having an impact on the remaining Terms. The remaining provisions in the Terms will continue to be valid and enforceable between parties.
- The rights granted in these Terms may not be assigned or transferred by you without prior written approval from Thermia. Neither are you permitted to delegate the responsibility or obligations under these Agreement Terms without prior written approval from Thermia.
- The Terms and your relationship with Thermia under these Terms will be governed by the laws of Sweden without regard to its conflict of laws provisions. You and Thermia agree to resolve any disputes arising from the Terms in the general courts in Sweden with Värmland's district court as first court.