These Terms and Conditions of Use are governed by the French and Swedish legislation and will be interpreted in accordance with the French courts.
The below listed words define:
The app is published by THERMOTECH.
Legal mentions concerning the publisher can be found in the app Legal Notices; its policy regarding the gathering and use of its GPDR users’ data can be found in the app Privacy Policy.
IQ Home is a free app for connected smart regulation and control of waterborne underfloor heating and radiator systems.
The use of the app implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter. This acceptance will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence from the publisher automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
The products offered are those listed by the publisher.
The app customer service is available by e-mail at the following address: info@thermotech.se or through mail at this address Thermotech, Spårvägen 8, 901 31 Umeå, Sweden in case of which the publisher agrees to provide a response within 7 days.
A written liability waiver is a legal document where a party agrees not to sue your company in the case of a particular event or occurrence. Failure to access the app is not considered harmful to the users and will not result in any right to any kind of compensation. The unavailability, even extended without any time limit and concerning one or several products, cannot be considered harmful to users and cannot result in the award of damages from the publisher.
If the current app has hypertext links may refer to other apps or sites and the responsibility of the publisher of the current app cannot be engaged if the content of these sites and apps contravenes the laws. The current app publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites or apps.
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the app and material on the app. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any member found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
This app uses elements (images, photographs, content) whose credits.
Trademarks and logos appearing within the app are deposited by the publisher THERMOTECH or by one of its partners. As such, any person proceeding to their representations, reproductions, interweaving, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French and Swedish Codes of the intellectual property.
The publisher is bound by an obligation of means; he or she cannot be held liable for damages resulting from the use of the app such as data loss, hacking, viruses, failure in service, or other.
The publisher cannot be held liable for breach of contract due to a force majeure event, including but not limited to disasters caused by floods or fires. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect or non-compliance.
The user expressly agrees to use the app at his or her own risk and under his or her sole responsibility. The app provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will not be liable for: any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this app or conversely the inability to use it any malfunction, impossibility of access, misuse, improper configuration of the user's device, or for the use by the user of an unusual or obsolete device the advertisements content and other links or external sources the user may access through the app.
The publisher cannot be liable for any technical hindrance of the connection, including but not limited to hindrance due to a force majeure event, maintenance, updates, intervention by the hosting company, internal or external strike, network outage, power failure, or a bad setup or operation of the user device.
These Terms and Conditions are subject to the application of French and Swedish law. They may be modified at any time by the published or one of its representatives. The Terms and Conditions applicable to the user are those in effect on the date of the connection to the app. The publisher obviously agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement between the user and the publisher. They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Use.
Any notice concerning the Terms and Conditions, Legal Notices or Privacy Policy must be made in writing and delivered by hand, by registered or certified mail, by post or any other well-known courier service at national level that allows regular review of its prices and conditions, or by e-mail, using the addresses mentioned in the Legal Notices of the app, stating your full name, contact details and subject of the notice.
Any claim or cause of action you may have with respect to your use of this app, its pages or screens, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be initiated within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.
It is possible that there are, on the whole app and the products offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the Terms and Conditions, Legal Notices or Privacy Policy. In addition, it is possible that unauthorized modifications happen to be made by third parties on this app or related services (social networks …). We make every effort to ensure that such discrepancies be corrected.
In case we miss one, please contact us using the addresses mentioned in the Legal Notices of this app, to give, if possible, a description of the error and location (URL), as well as sufficient information for us to be able to contact you. For requests involving copyright, please refer to the section of this document related to intellectual property.
All rights reserved - 2024
This Privacy Policy is governed by the French and Swedish laws and will be interpreted in accordance with the French courts.
The following capitalised terms shall have the meaning ascribed to them below:
This privacy policy informs you of the commitments the app publisher is taking in order to respect your privacy and protect the personal data when using the app.
THERMOTECH may modify this page at any time, predominantly because of:
For the sake of transparency, THERMOTECH invites people to visit this page as often as they wish to see any changes made.
No personal data is collected via the IQ Home app. To more information, you can exercise your rights on the IQ Home app by contacting our DPO service at: info@thermotech.se.
All rights reserved - 2024