article

28.05.2018

Terms & Conditions

Summary of Terms and Conditions

Home Control offers an Internet of Things (“IoT”) platform allowing you to control your IoT devices, either locally or through the internet, hereafter referred to as the “Service”.

 

The Home Control IoT platform consists of three main components;

a. The gateway communicating with your IoT devices

b.The app controlling the gateway

c. The cloud solution relaying data from your app to your gateway when you are away from your local network, and storing anonymous usage data.

 

1. By using the Service, you accept our terms and conditions for such use. The terms and conditions are summarized in plain language below.

2. The Service is for private use only, and you have to abide by your country’s laws while using it. You cannot use it for commercial purposes, nor use it to gain unauthorized access. We cannot be held liable for any losses.

3. We own or have legitimate rights to the Service, including all its contents, its design, images, information etc. You cannot use any of that without our permission

4. You may choose to integrate third parties’ (i.e. security companies) services with Home Control’s Service. Home Control is not responsible or liable for such third party services or their functionality in connection with the Service

5. We do not store private information in our cloud without your consent. Generally, we strive not to store any personal data in the cloud at all but sometimes it is required for a specific feature. We may use the completely anonymous data to improve our Service or to help others to find usage patterns or frequent equipment failures etc. That will be done in a separate system and everything in the cloud is encrypted.

6. We do our best to make sure the Service functions correctly without bugs. There is no way to guarantee that though, and we cannot be held liable for unlimited damages caused by any faults.

7. We will keep the Service updated and ensure that measures are in place to keep it safe. We might have to bring parts of the Service offline in case of serious events. We will of course do our best to avoid this, and try to keep you updated on what is going on.

8. If we find that parts of the Service are not in use, not being used correctly, or are in some other way not functioning as intended, we may remove them.

9. By using our Service, we might send you some notifications of things we think are important to you. We don’t know your e-mail and other details unless you provide us with this, so we will push messages through the Service to get your attention. You can disable such notifications in the settings. However, you may not receive important messages by doing so.

10. We might have to make some changes to these terms and conditions. We will do our best to notify you of any important changes.

11. We are a Norwegian company, and as such, you must agree that Norway is the legal jurisdiction. We are, however, subject to your local mandatory consumer protection rights laws.

12. Even if we should fail to enforce these terms and conditions, it does not mean that we waive our right to do so.

13. You can always get in touch with us. See our web page to find contact information.

 

Terms and Conditions

1. INTRODUCTION: Home Control AS (“Home Control” or “We” or “Us“), a company registered in Norway, company number 985 439 419, Per Kroghs veu 4a, N-1065 Oslo, offers an Internet of Things (“IoT”) platform allowing you to control your IoT devices, either locally or through the internet, hereafter referred to as the “Service”.

 

The Home Control IoT platform consists of three main components;

a. The gateway communicating with your IoT devices

b. The app controlling the gateway

c. The cloud solution relaying data from your app to your gateway when you are away from your local network, and storing anonymous usage data.

 

By using or otherwise accessing the Service you agree to be bound by the following terms and conditions (“Terms“). If you have any queries about the Service or these Terms, you can contact Us by any of the means set out in paragraph 13 of these Terms. If you do not agree to these Terms, you should stop using the Service immediately.

 

2. GENERAL: The Service is made available for your own, personal use and shall not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the Service you must comply with any applicable international laws, including the local laws in your country of residence (together referred to as (“Applicable Laws”).In particular, but without limitation, you agree not to:

(a) Use the Service in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

(b) Attempt to gain unauthorised access to the Service or any networks, servers or computer systems connected to the Service; or

(c) Modify, adapt, translate or reverse engineer any part of the Service or re-format or frame any portion of the pages comprising the Service, save to the extent expressly permitted by these Terms or by Applicable Laws.

You agree to indemnify Home Control and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Service otherwise than in accordance with these Terms or Applicable Laws.

 

3. CONTENT: Home Control own, or has legitimate rights to use, and retain all such rights to all patents, copyright, trade secrets, trademarks and other intellectual property rights (collectively “Intellectual Property Rights”) in and to the Home Control brand, the Service and all material contained therein. This includes all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material, as well as any updates, modifications, improvements and derivatives thereof. You can use Home Control’s Intellectual Property Rights in accordance with these Terms, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Intellectual Property Rights without Home Control’s express permission.

You acknowledge that the use of the Service may require third party software that is subject to third party licenses. You agree that you will automatically receive updated versions of the Service and related third-party software.

 

4. THIRD PARTIES SERVICES: The Service may contain links to and, upon your request, integrate services operated by third parties (“Third Party Services“). Home Control does not have any influence or control over any such Third Party Services and, unless otherwise stated, is not responsible or liable for Third Party Services, including their availability, functionality, terms of use or contents.

 

5. PRIVACY: We take your privacy very seriously. Home Control will only use your personal information in accordance with the terms of our privacy policy, which is available here: Privacy Policy. In order to use the Service, you must acknowledge and agree that you have read and accepted the privacy policy.

 

6. DISCLAIMER / LIABILITY: Home Control has made reasonable efforts in preparing and producing the Service, but makes no warranty or guarantee as to functionality or performance of the Service.

In no event shall Home Control, its consultants, employees, or suppliers be liable with respect to the Service for; (i) any damages caused on or to your property as a result of incorrect use or interpretation of the Service, (ii) any damages caused by technical failure of the Internet and/or the Service, (iii) any lost profits or other special, indirect, incidental, punitive, or consequential damages of any kind, or, (iv) for any damages caused by bugs, viruses or the like.

In no event shall Home Control’s aggregate liability towards you or any third party exceed (i) the amount paid by you upon purchasing the Service, or any in-app spend, including subscriptions, or (ii) the amount of EUR 55, whichever is greater.

Nothing in these Terms shall be construed as excluding or limiting the liability of Home Control or its group companies for death or personal injury caused by its negligence or for any other liability, which cannot be excluded under Applicable Laws.

 

7. AVAILABILITY: By accepting these Terms you accept and acknowledge that the Service from time to time may be partly or completely unavailable due to amongst others maintenance. Home Control makes no warranty or guarantees about the availability of the Service, but will exercise reasonable skill and care in providing the Service. We will provide you with information about any limitations in availability, to a reasonable extent.

 

8. SERVICE SUSPENSION: Home Control reserves the right to suspend or cease providing any services relating to the Service, with or without notice, e.g. for security reasons, improper use of the Service, protection of your data and otherwise to protect your interests. Home Control shall have no liability or responsibility in any manner whatsoever if it chooses to do so.

 

9. ELECTRONIC COMMUNICATION / MARKETING: By downloading, otherwise accessing and using the Service, Home Control is entitled to send marketing and other information relating to the Service in the form of notifications, newsletters, e-mail, SMS etc. Other marketing will only be made upon your explicit consent.

You may at any time notify HomeControl that you do not wish to receive such marketing by contacting Us by any of the means set out in paragraph 13 of these Terms, or by changing the Service’s settings. Please note that you will not be able to unsubscribe from certain correspondence from Home Control, such as messages relating to changes in these Terms, functionality of the Service etc.

 

10. MODIFICATIONS TO THE TERMS: Home Control reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through the Service.  We recommend that you review the Terms regularly so that you are aware of any changes to them. You will receive notice of any changes that materially affect your use of the Service. Your continued use of the Service after any updates are effectuated or upon receipt of notice of any material changes will constitute acceptance of those updates/changes and you will be bound by the new policy upon your continued use of the Service. Please refer to the “Last Updated” section below to see when these Terms was last updated. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Home Control.

 

11. GOVERNING LAW AND LEGAL VENUE: These Terms shall be governed by and construed in accordance with Norwegian law. By accepting these Terms, you agree to submit to the exclusive jurisdiction of the Norwegian Courts, with Oslo City Court as legal venue. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

 

12. ENFORCABILITY: If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Home Control’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Home Control in writing.

These Terms, and the rights hereunder, including the customer relationship, may be assigned by Home Control to a third party, either partly or in whole.

 

13. CONTACT US: You can contact the Home Control team at Home Control AS, Per Kroghs vei 4a, N-1065 Oslo, Norway, telephone +47 649 44 442, email: info@homecontrol.no

Last updated: 27 May 2018

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