These terms govern the use of the Uponor Smatrix Pulse service, your obligations and rights in connection to it. Please review these terms carefully.
By registering as a user (“User”) of the Uponor Smatrix Pulse service (“the Service”), a binding agreement (“the Agreement”) regarding the use of the Service is formed between the User and Uponor GmbH on the terms provided below.
Who we are
The Service is offered by Uponor GmbH (“Uponor”), incorporated in Germany under VAT number DE 133 899 039 and having its registered address at Industriestrasse 56, 97437 Hassfurt, Germany. Uponor may be reached by using the contact details provided here.
The Uponor Smatrix Pulse service; how to register
Uponor offers the Service for Users to control and monitor the indoor climate system. The use of Service requires a specific Uponor Smatrix Pulse module in connection with the Uponor indoor climate system.
Uponor provides access to the Service either (1) directly through the installed module, (2) remotely through mobile app software made available by Uponor through one or more third-party app store service(s) and in the territories as determined by Uponor from time to time. The mobile app software can be downloaded to a tablet or a smartphone via, for example, application stores and markets provided by Apple, Microsoft or Google (the “App Store Provider”, respectively). Separate terms and conditions may apply to such app store and the User must comply with the applicable terms of the App Store Provider. By downloading, installing, using or accessing the mobile app software, the User accepts the End User License Agreement of Uponor Smatrix Pulse App (“EULA”).
The remote access requires Internet connection. The use of Service requires (1) the purchase of the currently applicable Uponor product(s); and (2) a registration by creation of an individual user account in Service for remote access and activation of the remote access.
Uponor’s liability for the service
The service including but not limited to the software and app and all information pertaining to those is provided on “as is” basis. No warranty either express or implied of any kind is given in relation to the service.
To the extent permitted by law, neither Uponor nor any of its affiliated companies shall be liable for any direct or indirect damage, loss or cost arising out of the access to or use of the service. Nothing in this Agreement shall restrict Uponor’s liability for any damage or loss caused by its gross negligence or willful misconduct or for death or personal injury.
Uponor does not guarantee that the Service will be error-free or available without an interruption. Uponor uses reasonable efforts to notify the Users of any material issues pertaining to Service however Uponor shall not guarantee that all such issues will be communicated to User in any given time or at all. In connection with providing the Service, Uponor relies on the services and products of third parties which may be the cause of interruption or non-availability of the Service.
Uponor may at any time and at its sole discretion stop offering the Service. In such case Uponor undertakes to notify the Users beforehand and undertakes to offer the Service until the end of either (1) the currently applicable subscription period or (2) any extended subscription period agreed between Uponor and the User.
Term and termination
Unless otherwise agreed, the Agreement is in effect until terminated by either party. The User may terminate the Agreement by cancelling his or her subscription. Either party may also terminate the Agreement in the event of the other party being in material breach of the Agreement.
Intellectual property rights
In case User provides Uponor any ideas or comments regarding Service, Uponor may freely use and exploit User’s submission and its content for any purpose Uponor deems appropriate without any compensation to the User.
Uponor Corporation, its affiliates or third-party licensors hold all intellectual property rights to Service including but not limited to the software and app. By accessing and using the Service the User agrees that no rights, title or interest is transferred to the User. Any rights not expressly granted herein are reserved. Uponor grants User a limited, non-exclusive, non-assignable and non-transferable right to use the Service subject to the acceptance of this Agreement.
The Service is intended for the User’s personal and non-commercial use unless otherwise agreed between the User and Uponor. The User agrees to not license, sell, distribute, copy, reproduce, rent, lease, transfer, assign, modify, post, reverse engineer or otherwise commercially exploit the Service or any part of it.
“Uponor” and/or “Smatrix” are either trademarks or registered trademarks of Uponor Corporation or its group companies. Other product and company names mentioned herein may be trademarks or trade names of their respective owners.
Applicable law and dispute resolution
Unless otherwise stated by any mandatory applicable law, the laws of Germany shall apply to all matters arising from or relating to the Service and all disputes related thereto dealt exclusively by the District Court of Frankfurt, Germany.
As a limited exception to the aforesaid, for Users who use the Service as consumers and who are resident in the European Union, the laws of the member state in which the User is resident shall apply to the service and the Agreement and any disputes potentially arising in connection thereto. The courts of the consumer User’s place of residence shall have non-exclusive jurisdiction over any such dispute. Consumer Users in the European Union may also bring any such dispute before a local consumer dispute resolution body.
Statutory consumer rights
This Agreement and in particular any limitations of liability included herein shall not exclude liability which cannot be excluded under mandatory applicable law. Users may have rights or remedies not explained herein. Under the user’s local law, Uponor may be liable for certain errors and defects in the Service even if not described herein.
Uponor reserves the right to change, amend or update this Agreement and start charging for the use of the Service at its sole discretion and without a notice. The User will be deemed to have accepted such changes by continuing to use the Service. The User is always entitled to terminate the Agreement upon the amended terms coming into effect.
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