These terms govern the use of the Uponor Smatrix App service and your obligations and rights in connection to it. Please review these terms carefully.
Once a user registers as a user of the Uponor Smatrix App service, a binding agreement regarding the use of the service is formed 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.
Uponor offers the Uponor Smatrix App service for the users of Uponor indoor climate system for the purpose of controlling and monitoring indoor climate. The use of Uponor Smatrix App service requires a specific Uponor Smatrix App module installed in connection with the Uponor indoor climate system.Uponor provides access to Uponor Smatrix App service either (1) directly through the installed module, (2) remotely through a website that can be accessed at http://www.uponor.com/en/uathome/first-registration.aspx, or; (3) remotely through mobile app software that can be downloaded to a tablet or a smartphone. Such mobile app software is available on third party websites for example on app stores and markets offered by Apple or Google. Each such app store or market may have its own terms and conditions which you agree to follow when using the Uponor Smatrix App service. By using the mobile app software you agree to follow the End User Licence Agreement.
The remote web access and the remote mobile access both require Internet connection. The use of Uponor Smatrix App remote access requires (1) the purchase of the currently applicable Uponor product(s), (2) a registration in Uponor Smatrix App by creation of an individual user account in Uponor Smatrix App and; (3) activation of the Uponor Smatrix App remote access service. Use of the Service requires that the user’s equipment meets the technical requirements detailed here.
The use of the Uponor Smatrix App service is governed by the statement available on the following link. Uponor reserves the right to change, amend or update the statement and/or start charging for the use of the Uponor Smatrix App subject to a reasonable prior written notice.
Uponor’s liability for the serviceThe service including but not limited to the software, website and/or apps 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 these terms shall restrict Uponor’s liability for any damage or loss caused by its gross negligence or wilful misconduct or for death or personal injury.
Uponor does not guarantee that Uponor Smatrix App will be error-free or available without an interruption. Uponor uses reasonable efforts to notify the users of Uponor Smatrix App of any material issues pertaining to Uponor Smatrix App however Uponor shall not guarantee that all such issues will be communicated to you in any given time or at all. In connection with providing the Uponor Smatrix App service, Uponor relies on the services and products of third parties which may be the cause of interruption or non-availability of the Uponor Smatrix App service.
Uponor may at any time and at its sole discretion stop offering the Uponor Smatrix App service. In such case Uponor undertakes to notify the users beforehand and undertakes to offer the Uponor Smatrix App service until the end of either (1) the currently applicable subscription period or (2) any extended subscription period agreed between Uponor and the user.
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 you provide Uponor any ideas or comments regarding Uponor Smatrix App, Uponor may freely use and exploit your submission and its content for any purpose Uponor deems appropriate without any compensation to you.
Uponor Corporation or its licensors hold all intellectual property rights to Uponor Smatrix App including but not limited to the software, website and/or apps. By accessing and using Uponor Smatrix App you agree that no rights, title or interest is transferred to you. Any rights not expressly granted herein are reserved. Uponor grants you a limited, non-exclusive, non-assignable and non-transferable right to use Uponor Smatrix App subject to the acceptance of these terms.
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 “Uponor Smatrix App” 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
Uponor Smatrix App can be accessed from several countries around the world. Unless otherwise stated by any mandatory applicable law, the laws of Finland shall apply to all matters arising from or relating to Uponor Smatrix App and all disputes related thereto dealt exclusively by the competent courts of Finland.
As a limited exception to the aforesaid, for users 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 user’s place of residence shall have non-exclusive jurisdiction over any such dispute. Users in the European Union may also bring any such dispute before a local consumer dispute resolution body.
Statutory consumer rights
These terms 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 Uponor Smatrix App even if not described herein.
Uponor reserves the right to change, amend or update these terms at any time at its sole discretion and without a notice. The user is always entitled to terminate the agreement upon the amended terms coming into effect.