4.
Heat@Home Application
4.1.
Use of Heat@Home Application
4.1.1.
User gains the right to create a user account and password and use the
Heat@Home Application, upon setting up application on to a mobile
or other smart device and by purchasing and correctly installing
Heat@Home communication module on to supported heating
Controller.
4.1.2.
Users access Heat@Home Service through their user account in the
Heat@Home Application, set up on a mobile device with Android or
iOS operating system. Application requires data transfer or Internet
access which must be enabled by the User. The Service provider assumes
no responsibility for potential damage to User arising from
non-operation or interruptions in the operation of the Heat@Home
Application resulting from limited access or lack of access to the
Internet.
4.1.3.
For detailed instructions on downloading the Heat@Home Application
and creating a user account, see Instructions for use of the
Heat@Home communication module.
4.1.4.
User has the right to access and use the Heat@Home Application in
the scope of basic functions, and in the scope of advanced functions,
if he is subscribed to the last. The User has the right to change the
scope of subscribed functions at any time.
4.1.5.
Individual functions and the full functioning of the Heat@Home
Application are supported by other dedicated applications and various
software of third parties, that provide analytical processing, namely:
Google Inc. (authentication), Apple Inc. (authentication), Facebook
Inc. (authentication), Auth0 Inc. (authentication), Microsoft Corp.
(server and data infrastructure, usage analytics), OpenWeatherMap,
Inc. (weather forecast for the building location entry).
4.2.
Managing the shared Heat@Home buildings
4.2.1.
With Heat@Home Service, one building can be created by one
Heat@Home user (owner) and adccessed by other users (e.g. family
members), i.e., guest(s), whereby the access to the heating system is
assigned by the holder of Heat@Home communication gateway through
the Heat@Home Application.
4.2.2.
The right to assign, restrict rights and manage user accounts linked
to a shared Heat@Home building belongs exclusively to the user
designated as the holder of Heat@Home building (owner). Only one
user of the Heat@Home building can be assigned as owner.
4.2.3.
It is not possible to transfer owner rights to another user of a
shared Heat@Home building. The owner of Heat@Home building has
the right to remove Heat@Home communication module from its user
account, making it available for claim by another user. In this case,
the Heat@Home building can be recreated.
4.3.
Misuse of Heat@Home Application and sanctions
4.3.1.
In the event of misuse of the Heat@Home Application, User shall
have the right to disconnect the Heat@Home communication module at
the place of installation or to demand from the Service provider to
disable the option of remote access to manage the heating system. The
User has the right to request from the Service provider to disconnect
or reset Heat@Home communication module and set new identity
properties in such a way as to ensure a newly designated holder
(owner).
4.3.2.
In the event of misuse or suspected misuse of the Heat@Home
Application, the Service provider has the right to delete the user
account or to restrict its access to a particular shared Heat@Home
building.
4.3.3.
The Service provider reserves the right to forward any request for
limitation or exclusion of the right to the remote management of the
heating system to the authorized Repairer or another authorized
person, regardless of the reason, justification, or urgency of the
request.
4.4.
Removing user account
4.4.1.
At any time and without giving any reason, the User has the right to
request deleting or terminating (hereinafter: remove, removal) his
user account, to the Service provider.
4.4.2.
The request to remove the user account must include user information
(full name and a valid email address).
4.4.3.
The request to remove the user account can be initiated within the
Heat@Home Application. The request to remove the user account can
also be forwarded by the holder of the user account in writing via
email at
support@nomnio.com, or
via regular mail to the official address of the Service provider:
NOMNIO d.o.o., Tržaška cesta 85 A, SI-2000 Maribor, Slovenia.
4.4.4.
If the removal of the user account is requested by the owner, the
owner must first provide either the transfer of owner rights to
another user or to remove all other users (guests) from the
Heat@Home buildings and delete all Heat@Home communication
modules from its user account.
4.4.5.
The Service provider undertakes to carry out the removal of the user
account itself or through another authorized person no later than 3
working days after receiving the request to remove the user
account.
4.4.6.
The Service provider shall notify the User via email about the
successful removal of his user account. The Service provider does not
assume any responsibility for possible damage to the User arising from
untrue or incorrect information or indications given in the request to
remove the user account.
4.4.7.
With the removal of the user account, the Service provider undertakes
to delete all user-related data from its database. The Service
provider deletes data from its database in 1 month after removing the
user account. In the event, that Service provider must delete a large
amount of data, or that data deletion is complex, the Service provider
can keep the data for another 2 months. The Service provider does not
assume any responsibility for possible damage to the User arising from
data deletion.
4.4.8.
The User is aware that the removal of an individual user account
includes permanent deletion of all data associated with the user
account and cannot be retrieved.
4.4.9.
In the event of removing the user account of a User, who is the only
registered user for remote management of the heating system, the
removal also includes permanent deletion of data concerning the values
and parameters of the heating system and the analysis of these
parameters.
4.4.10.
The Service provider shall not be responsible for any damage incurred
to an individual user arising from data deletion or loss of data
relating to the removed user account or other values and parameters
entered into Heat@Home Service, insofar as the user account has
been removed upon the User’s request.
4.5.
Payment
4.5.1.
The Service provider provides two ways to access or use the
Heat@Home Application (by payment or free of charge).
4.5.2.
The Service provider enables free of charge access to basic functions
of Heat@Home Application and paid access to advance functions of
Heat@Home Applications. To use Heat@Home applicaton, the User
must first buy and accurate install Heat@Home communication
module.
4.5.3.
User can begin to use free content with transfer and installation of
Heat@Home Application from
Google Play
or
Apple App Store, agreeing to these General Terms and Conditions and creating a user
account.
4.5.4.
Service provider reserves the right to change contents that he
provides free of charge and to disable access to free content, at any
time.
4.5.5.
User will be notified about paid content in the Heat@Home
Application. About paid content, current fee amounts, terms, ways of
payment, and terms of paid subscription termination, and every other
detail, will be disclosed to the User before signing up. Upon
notification, the User has the option to award a contract of paid
subscription by clicking on the order. By clicking on the order, the
User issues a binding offer. By confirming the order or by providing
access to paid content, the contract between the User and the Service
provider is concluded.
4.5.6.
Paid subscription: In the case of paid subscription, the
Service provider grants User a limited, nonexclusive, nontransferable,
revocable, and personal license to access and use paid content of
Heat@Home Application.
4.5.7.
Payment: In the case of paid subscription, we may ask the
User to supply additional information relevant to the Transaction,
including, without limitation, user credit card number, the expiration
date of user’s credit card, and billing address (such information,
“Payment Information”). User represents and warrants that he has the
legal right to use all payment method(s) represented by any such
Payment Information. When the User initiates a Transaction, he
authorizes the Service provider to provide his Payment Information to
third parties, who complete the transaction (Google Inc., Apple Inc.);
the User may need to provide additional information to verify his
identity before completing Transaction (such information is included
within the definition of Payment Information).
4.5.8.
User will be charged an monthly or annual paid subscription at the
beginning of the subscription period and each period hereafter,
respectively, at the then-current rate. The Service provider will
automatically charge the User on the anniversary of the commencement
of the subscription period of his paid subscription using the Payment
Information the User provided.
4.5.9.
By agreeing to monthly or annual paid subscription, the User
acknowledges that the paid subscription has recurring payment features
and accepts responsibility for all recurring payment obligations.
Monthly or annual paid subscription is permanent until prior
cancellation of paid subscription by the User or Service
provider.
4.5.10.
All charges are nonrefundable. If there is a defect in the
Heat@Home Application, that disables its use and is by Service
provider fault, the User may receive a replacement rather than a
refund. Users may receive a replacement in event that the Service
provider disables access to paid content of the Heat@Home
Application.
4.5.11.
Free Trial: Service provider may offer a free trial
subscription to access specific content (“Free Trial”) for a limited
period. The specific terms of Free Trial will be provided at signup
and/or in the promotional materials describing the Free Trial. Free
Trials are only available to users who have not previously completed a
Free Trial. Unless the User cancels his trial subscription before the
end of his Free Trial, the Service provider will begin charging the
user payment method regularly for the paid subscription fee until the
User cancels the paid subscription. Instructions for canceling paid
subscription are stated below in
Section 4.6.. The Service
provider will not notify the User that his Free Trial has ended or
that the paid portion of his paid subscription has begun.
4.6.
Cancellation of the contract
4.6.1.
At any time, the User can cancel a paid subscription of the
Heat@Home Application. The User is not entitled to a refund of the
already paid subscription fees. Users can cancel the paid subscription
through the Apple App Store or Google Play settings. Managing or
canceling the subscription can only be done with the same iOS or
Android account that was used to purchase the subscription. The
cancellation of paid subscription can also be made via email:
support@nomnio.com. In
case of cancellation of paid subscription, the cancellation will be
effective immediately, but the Service provider will allow the User to
access Heat@Home Application until the most recently paid-up
subscription period ends and then will terminate User’s access to the
paid application content.
4.6.2.
Cancelling User’s paid subscription won’t cancel User’s account. For
removing the User’s account, see
Section 4.4.
above.
