S-App End-Users Licence Agreement
This end user agreement is a legal agreement, entered in by and between Spartherm Feuerungstechnik GmbH (hereinafter "Spartherm") and the end user (hereinafter "you") of Spartherm WiRCU device ("the Device") and/or WiRCU application "S-App" (together "the Product").
By entering into this end user agreement, Spartherm grants you a non-exclusive and at any time revocable right to use the Application in accordance with its purpose, for your personal use.
You are under this agreement granted a licence only, and no provision of this agreement may be understood to represent the grounds for you becoming the owner of the Application or its parts. The Application shall at all times remain property of Spartherm, which may recall the Application, disable it or terminate any support for the Application at any time of its choosing.
This agreement or any other act of, either you or Spartherm, does not entitle you to use the Application in part or as whole for commercial reasons or to use any of its parts for other reasons than to monitor and control your heating device in accordance with instructions for use, unless expressly agreed upon otherwise with Spartherm in writing.
You are in no circumstance entitled to modify, copy, reverse engineer, sublicense, distribute, publicly demonstrate, disassemble, rent, lease or lend, or to circumvent technical protection measures of the Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Spartherm may from time to time update the Application or provide service packs for the Application, but is under no obligation to do so.
Any liability of Spartherm, in regard to or arising from or in connection to the Application, its use or functionalities, effects and defects is hereby explicitly waived by you and shall in no case exceed the amount, paid by you to Spartherm for obtaining the licence under this agreement.
Application is supplied "as is" without warranty of any kind. The entire risk arising out of use or performance of the Application remains with you.
By accepting this end user agreement or by using the Application, you agree and confirm:
- that you have assured a proper instalment of the Device onto the corresponding heating device, observing all the necessary steps and requirements for the safe operation of the heating device;
- that the heating device used corresponds to the requirements of the Device and is in no way damaged, operates in accordance with its settings and is suitable for being properly and safely controlled by the Product;
- that the heating device and its operation shall be monitored at all times;
- that the Application and/or Device in your possession shall at all times be available only to adults, capable of proper judgement and control of their actions, familiar with measures necessary for safe operation of the Product and heating device;
- that the device containing the Application shall not be made publicly available, lent, rented, sold or handed to any third person outside your control for as long as the Application is installed and that it shall be protected from unauthorized use by a secure password, which shall not be shared with any person other than those from the above paragraph, for actions of which you shall accept full responsibility;
- that you are fully familiar with the functionalities of the Application and/or Device and are aware of the mode of operation and consequences of all individual functions and procedures or combinations thereof, as may be controlled or influenced by use of the Application and Device, and shall instruct on safe use of the Application and/or Device all other persons, that might have access to the Application and/or Device or parts thereof;
- to take all reasonable measures to prevent any by you unauthorised person to access or use the Application and/or Device;
- to use and keep secure all usernames, passwords, certificates and other security elements, intended to assure safe and secure operation of the Application and/or Device;
- to waive all claims against Spartherm or any with Spartherm associated person for any damage, caused by or in connection with the Application and/or Device, and to keep Spartherm free of any such claims by any third person, based on use, functionalities or mode of operation of the Application and/or Device as granted access to under this agreement.
This agreement is entered for undefined period of time and may be amended, cancelled or revoked by Spartherm at any time.
The Product is distributed directly or through sub-distribution by Spartherm, which is bound to protect personal information in accordance with the legal order of European Union and the Spartherm's national legislation.
The Product may collect and/or store certain information. Such information may have the nature of personal information of the user (you) or technical information on operation of the Product and devices to which it is attached or otherwise connected or associated to.
We may, but are not obliged to, collect and/or store two types of information:
- information specifically proved by you through voluntary submission of such data to us or into the Product by entering such data into the product or agreeing for the Product to have access to such data, which may be of technical, personal or other nature;
- information that is collected by the Product during its operation, which is either of technical or operational nature and refers to operation of product and devices attached to or connected with the Product.
Please note that the mentioned two types of information include all and any information provided or made available to the Product that are directly connected with its operation or functionalities, regardless of the input channel or form and that assumption that any data, relevant to the Product or your heating device connected to the Product are not collected and/or stored should not be made. The Application does however not access, store, or process any information contained in your device, other than Spartherm WiRCU device that does not have direct connection with the functionalities of the Product without your permission.
The Product may use tracking technologies that monitor activities of the Product and connected devices and log them into your device or externally. Such data may indicate your preferences and/or activities in regard to operation of the Product or with it connected devices.
We will use your personal information only for the original purposes it was given, which included contacting you in regard to operation of the Product or any device connected to the Product.
Your personal information will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection, or later consent, except to those, providing services for operation of the Product, in which case any information shall be made available only on need to know basis. We will however share some of the collected personal data (device's MAC address - a unique identification number assigned to WiRCU device) and non-personal data (data on operation of the heating device) with the developer of the Product (Atech elektronika d.o.o., Bač pri Materiji 30, Materija, Slovenija (hereinafter "Atech"); Contact: +386 8 200 88 00, email@example.com). By transferring above-mentioned data to Atech, Atech will be able to analyse customer software usage for its own purposes and develop the design and layout of the Product in order to improve the content to better match the interest of our users. Your personal data collected for the purpose of statistics and research is entered in Atech's databases automatically and is anonymised after its entrance in such way it can no longer be associated with an individual. You may at any time ask Atech to delete all information collected in regard to the Product until such time.
We may also use collected information to present you with suggestions given by third parties in regard to operation of the Product or with it connected devices and/or with offers to provide services or products in regard and to promote upgrades or customer services or otherwise support operation of the Product or with it connected devices. Information may also be used for targeted advertising and we may share collected information with affiliated entities.
We may permit certain trusted third parties to store or process your information, as may be required for operation of the Product. Information is generally stored in a cloud.
We may disclose collected information in special cases where we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities.
We are committed to protecting the information we receive from you. We take appropriate security measures to protect your information against unauthorized access to or unauthorized alteration, disclosure or destruction of data in accordance with the EU legislation. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures. We believe the measures we undertake reduce the likelihood of security problems to a level appropriate to the type of data involved.
You may at any time ask us to delete all information collected in regard to the Product in your possession until such time, upon which we shall do so or provide you with the instructions on how to do so by yourself.
We do not solicit any personal information from children. If you are not of legal age, you are not authorized to use the Product without parental of guardian supervision.