KLIMAIR® APP - TERMS OF USE
END-USER LICENCE AGREEMENT
This end-user licence agreement (the "Agreement") is a legally binding agreement between you and VVS-Trading regarding the use of VVS-Trading's Services and the licence to the Klimair software ("K-Software") defined below. In this agreement, the products, software and services provided by VVS-Trading are collectively referred to as the 'System'.
By installing or using the System, the Customer agrees to be bound by the terms and conditions of this Agreement. The Customer declares that they are the end-user of the System and confirms that they are of legal age and authorised to enter into this Agreement. VVS-Trading does not knowingly collect personal data from persons under the age of 15. If VVS-Trading becomes aware that personal data has been received from a person under the age of 15, VVS-Trading will make reasonable efforts to delete this data from its systems.
This Agreement covers the use of various products and services provided by VVS-Trading. For clarification, certain points in this Agreement may refer in some instances to a specific product or service.
1. Licence and restrictions
This Agreement applies to the use of VVS-Trading related solutions, including the K-Software used on any VVS-Trading communications product and network, the K-Software enabling web-based interface functionality and access to VVS-Trading's services, the K-Software for mobile applications and any VVS-Trading network related to any of the above (collectively referred to as "VVS-Trading Services") and the licensing of previously identified software products, which includes computers and software applications and may include associated media, printed materials and "online" or electronic documentation, as well as any future version, release, update, patch, fix and bug fix of the above software (hereinafter referred to as "Software K").
The System includes software owned by VVS-Trading and software licensed to VVS-Trading and is protected by Danish and international copyright, treaties, and other relevant intellectual property laws and treaties. The system is licensed to the Customer: it does not become their property. Subject to the terms of this Agreement, VVS-Trading grants the Customer a limited, non-exclusive, non-transferable licence (with no right to sublicense except as otherwise provided below) to use the System and its Software K solely for personal use for the purpose of managing your home or business. The licence includes the right to install Software K on your personal computer and/or mobile device and to use Software K in connection with your licensed use of the System.
Unregistered use, reproduction, and distribution of the System is not authorised by VVS-Trading and constitutes a violation of Danish and international copyright law, which may result in both civil and criminal sanctions. The Customer is expressly prohibited from making or distributing copies of the System except as permitted by applicable law. All rights of any kind to the System and all other rights of VVS-Trading that are not expressly transferred through this Agreement remain fully and completely reserved by VVS-Trading (including both object code and source code of the software). The Customer may not hire out, lease, copy, modify or translate the System, nor create derivative works based on it. The Customer may not alter or remove any copyright or proprietary notices or labels appearing on or in the System. The Customer may not decode, decompile or disassemble the System. Except as otherwise defined herein, the Customer shall not grant third parties access to the System and is not authorised to make any results generated by the System or resulting from a functional or performance evaluation of the System available to third parties. The System may contain or be derived from material provided by third-party licensors. Such third-party materials may be subject to additional restrictions beyond those set forth in this Agreement. You agree that any third-party vendor has the right to enforce this Agreement with respect to that third-party software.
2. Password and access
The Customer agrees: a) to provide detailed, current and complete information according to the registration forms, and b) to maintain and timely update this information. The Customer must create a username and password to access the System. If the Customer is assigned a temporary username and password, these must be changed immediately, and the Customer must create their own permanent credentials.
It is solely the Customer's responsibility to maintain the confidentiality of its account password; the Customer is also fully responsible for all activities that occur in connection with that password, account or associated accounts. The Customer agrees to a) change its password in the event of a security breach, b) notify the central station if a security breach occurs, and c) ensure that the Customer logs out of its account at the end of each session. The Customer agrees that the terms of this Agreement are binding on and govern the relationship between VVS-Trading and any third party to whom the Customer allows access to Customer's account or whom Customer allows to maintain an additional account. The Customer further agrees to take all necessary steps to ensure that such a third party does not violate the terms of this Agreement and to indemnify VVS-Trading against any costs, damages, losses, or expenses incurred in connection with such third-party use.
VVS-Trading is not liable for any loss or damage arising from the Customer's failure to comply with this Section.
If the Customer's equipment malfunctions, it may disrupt the System's network operation. In the event of an emergency, relevant authorities may request access to the Customer's equipment. Customer agrees to provide such access in accordance with applicable Danish law, including by presenting a court order from a Danish court. VVS-Trading and its representatives may only grant access to the Customer's equipment if this is done in accordance with legal and legally authorised procedures in Denmark.
3. Validity and termination, system changes, prices
This Agreement will become effective on the first day the Customer uses the System and will remain valid as long as the Customer continues to use the System and Services, and pays the required amounts for System use. VVS-Trading may terminate this Agreement with immediate effect at any time if the Customer fails to comply with the terms of this Agreement, including non-payment for services related to the System, where applicable. If the Customer has entered into an agreement with a dealer for certain services, the Customer's right to use these services is conditional on the dealer having paid all amounts due to VVS-Trading for the services in question. VVS-Trading may suspend or cancel the customer's access to the services if the dealer fails to pay for the services provided by VVS-Trading.
The Customer may incur additional costs for third-party service providers in connection with the use of system services, a standalone mobile device, or internet connection, for the transmission of data, video clips, or images, as well as internet usage, SMS, short messages, or other fees, tariffs, or transmission charges. If VVS-Trading ceases to provide services to the Customer as a result of non-payment by the Customer itself, its dealer, or central station, VVS-Trading has no liability to the Customer. In such a case, the Customer may make a claim against its dealer for repayment of any prepaid amounts. According to the services included in the Agreement or subscribed to by the Customer, VVS-Trading may also suspend or delete a user account due to inactivity. According to the services included in the Agreement or subscribed to by the Customer, the Customer may terminate this Agreement at any time by written notice to VVS-Trading. Upon termination of this Agreement, the licence granted under it will be revoked, and the Customer must immediately cease using the System. VVS-Trading has the right at any time to charge for the use of the System and to modify or temporarily or permanently discontinue it (or parts thereof), with or without prior notice. The Customer acknowledges that VVS-Trading is not liable to the Customer or third parties for any changes, suspensions or interruptions of the System. The Customer understands and accepts that if they move, the account must be deleted and there will no longer be access to the System in relation to the previous address.
4. Disclaimers and limitations of liability
The System is provided to the Customer “as is” and, subject to the provisions of this section, all express or implied conditions (whether or not stated in this Agreement but arise from legislation or otherwise), representations or warranties of any kind, including, but not limited to, any implied warranty or condition of non-infringement, merchantability, fitness for a particular purpose, satisfactory quality, freedom from interference or arising from negotiations, practice or usage of trade, are expressly disclaimed by VVS-Trading, its suppliers and licensors to the extent permitted by applicable law. As some jurisdictions do not allow limitations on certain warranties and representations, the above limitations may not apply to the Customer in whole or in part. The Customer may have additional rights as a customer which vary from jurisdiction to jurisdiction, and which are not specified in this Agreement.
If VVS-Trading does not comply with the terms of this Agreement, VVS-Trading is liable for any loss or damage suffered by the Customer that is caused by a foreseeable breach of the Agreement or negligence on the part of VVS-Trading. VVS-Trading is not responsible and disclaims any liability for any loss or damage suffered by the Customer that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of VVS-Trading's breach or if such loss or damage was foreseen by the Customer and VVS-Trading at the time of signing this Agreement.
VVS-Trading provides the System to the Customer solely for use under this Agreement, and the Customer agrees not to use the System for commercial or resale purposes unless such use is permitted under this Agreement.
The Customer also agrees that VVS-Trading shall not be liable for any loss or damage arising from i) the accuracy, completeness, legality, reliability, operation or availability of the content, information or material provided by or accessible through the System, or ii) deletion, failure to disclose, inadvertent disclosure, loss or mis-delivery of information or material - unless such loss or damage is caused by a foreseeable breach of this Agreement by or on behalf of VVS-Trading. VVS-Trading is not responsible for information and events over which VVS-Trading has no control, including the content of bulletin boards or other forums that refer to the System.
Except as otherwise provided in this Agreement, VVS-Trading, its affiliated companies, managers, directors, employees, agents, suppliers and licensors shall not be liable to the Customer for any loss of profit or revenue, loss of business, business interruption, loss of business opportunity, loss or damage to data, loss of capital or aggravated, indirect, consequential, incidental, punitive or exemplary damages howsoever caused - including through contract, tort (including negligence), or arising out of the Customer's use of or inability to use the System, even if VVS-Trading or its affiliated companies, managers, directors, employees, agents, suppliers or licensors have been advised of the possibility of such damages. This limitation of liability and exclusion of certain types of damages may not apply to the Customer in whole or in part, depending on the laws of the jurisdiction in which the Customer resides.
Nothing in this Agreement shall exclude or limit in any way the aggregate liability of VVS-Trading, its affiliated companies, managers, directors, employees, agents, suppliers or licensors to the Customer for (i) personal injury or death caused by their negligence, ii) VVS-Trading's liability to the Customer for fraud or fraudulent misrepresentation, or iii) any liability of VVS-Trading that cannot be excluded under applicable law, including any consumer protection legislation in the Customer's jurisdiction.
In no event shall VVS-Trading be liable for any damages resulting from downloading or accessing information or materials through the System, or for any delay or failure to provide services caused directly or indirectly by acts of nature, forces or causes beyond VVS-Trading's reasonable control (force majeure), including, but not limited to Internet problems, computer equipment failure, telecommunications equipment failure, power outages, strikes, labour disputes, riots, insurrection, civil commotion, shortages of labour and materials, fires, floods, storms, explosions, acts of nature, war, government intervention, injunctions from national or foreign courts or non-performance by third parties.
5. No guarantees
There is no guarantee that the System will sound an appropriate alarm in any given situation or that it will prevent personal injury or property damage due to theft, robbery, fire, overheating, cold, humidity, etc. Furthermore, there is no guarantee that the System on the user's mobile phone or computer will transmit or receive all signals related to the system services subscribed to by the Customer and sent by or to the Customer, this contractor or reseller. The Customer acknowledges that the availability of System Services depends on their personal computer, mobile phone, home installations, telephone, internet, or satellite provider, in the case of geolocation services. The Customer is also responsible for all payments associated with this type of use and for honouring any agreements relating to such use.
The Customer also recognises that neither VVS-Trading nor any network service provider can guarantee the security of wireless communication, nor are they liable for any security issues arising from the use of the Services. The Customer may not resell any of the wireless services made available as part of the System. VVS-Trading is not liable for any loss or damage of any kind resulting from the failure of the System to issue any warning or alarm - unless the damage has caused personal injury or death, or the damage is due to negligence by VVS-Trading that otherwise constitutes a breach of this Agreement.
6. Miscellaneous provisions
If VVS-Trading at any time fails to enforce the provisions of this Agreement, this shall not be construed as a continuing waiver of the applicable provisions, and such failure shall not affect VVS-Trading's right to intervene and enforce the provisions of this Agreement.
The Software and technical information covered by this Agreement are subject to Danish export control legislation and may also be subject to export and import regulations in other countries. The Customer agrees to comply with all applicable laws and regulations and assumes full responsibility for obtaining the necessary permits and any import, export, and re-export licences for the Software, as well as for technical information and documentation showing compliance with applicable laws and regulations.
This Agreement shall be governed by and construed in accordance with Danish law.
The Customer accepts and recognises that any violation of the provisions of this Agreement may cause irreparable damage to VVS-Trading, for which financial compensation may not be sufficient. Therefore, VVS-Trading is entitled to obtain a timely court order (injunction) to protect its rights under this Agreement, in addition to any other remedies that may be available under law.
This Agreement, the Customer's subscription agreement (where applicable), and VVS-Trading's terms of sale and delivery applicable in connection with the purchase of equipment constitute the entire agreement between the Customer and VVS-Trading and supersede any prior oral or written agreement between the Customer and VVS-Trading regarding the Customer's access to and use of the System and its Services.
The Customer may neither assign nor transfer this Agreement nor any other right, interest or obligation without the prior written consent of VVS-Trading. VVS-Trading is free to assign this Agreement in whole or in part. The Agreement is binding on the parties and any present and future managers, directors, employees, parent companies, subsidiary companies, agents, successors, assignees, contractors, licensees, affiliated persons, relatives, guests, and authorised users.
Each provision, section or clause of this Agreement operates separately and will be applied to the fullest extent permitted by law and, if necessary, will be interpreted and applied with limited scope to remain valid. The invalidity or enforceability of any provision of this Agreement shall not affect the other provisions, which shall remain in full force and effect.
7. Important information about the System
Definitions:
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VVS-Trading Services or Services: Software K dedicated for use in connection with VVS-Trading products and communication networks; Software K enabling a web-based interface to access related functionalities and VVS-Trading services; Application Software for online and mobile platforms of VVS-Trading and for any VVS-Trading network associated with the aforementioned products and services.
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System: A combination of VVS-Trading products and services.
Third-party providers used by VVS-Trading:
VVS-Trading utilises external service providers to enable certain functionalities of VVS-Trading services, including cloud services, data storage, synchronisation, weather information, and communication via cloud providers.
VVS-Trading ensures that any processing of personal data by third-party providers is subject to a written data processing agreement.
These third-party services are under the direct control of VVS-Trading; however, their functioning may affect, or be affected by, the use and reliability of VVS-Trading Services. It should be noted that:
I) the use and availability of VVS-Trading Services depend on external service providers,
II) these providers cannot guarantee 100% availability of their services, and
III) VVS-Trading is not responsible for damages and losses caused by the functioning of these third-party services.
Expected usage of the VVS-Trading System:
The System is intended to provide access to information and control of the product, but not for applications that are "time-critical". Although VVS-Trading aims to offer maximum availability and reliability, 100% uptime cannot be guaranteed.
The System may be subject to sporadic interruptions or malfunctions caused by several factors beyond VVS-Trading's control, including but not limited to Wi-Fi outages, service provider uptime, notifications and mobile networks. The System does not function as an emergency notification system managed by a third party. VVS-Trading does not monitor emergency notifications and in the event of an emergency is not able to direct authorities to the user's address.
Reliability of notifications:
The System, including remote access services and mobile notifications, does not guarantee 100% availability. There may be cases where you do not receive any notification. The effectiveness of notifications depends on the products and services of the third-party providers mentioned above and the functionality of the device.
You are responsible for the technical functioning of the computer or mobile device used. VVS-Trading does not inform you when the storage capacity of the computer or mobile phone is full; therefore, no notifications will be sent to such devices in these cases.
You must not rely on this system for life-saving purposes or other critical applications. Mobile notifications of status and alarms regarding the user's product are provided for information purposes only and do not replace an emergency notification system managed by a third party.