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Privacy Seitron Smart App

Seitron Smart Mobile Application - Terms and Conditions

Below are the Terms of Use and Privacy Policy of the Seitron Smart Mobile application. The Present is signed between:

▪ Seitron SpA a Socio Unico, with registered office in via del Commercio, 9/11 – 36065 Mussolente (VI), ITALY, hereinafter referred to as “Seitron” and

▪ The user, hereinafter referred to as “Customer”

Seitron and you are referred to as “Parties”.

1. DEFINITIONS

  1. “Seitron Smart” or “App” indicates the Seitron Smart mobile application (available for Android and iOS systems) to manage the connected functions available on the Wi-Fi devices present in the Seitron catalogue;
  2. “Wi-Fi Device” indicates the Wi-Time connected Chronothermostat or other thermoregulation device with Wi-Fi developed, produced and marketed by Seitron;
  3.  For "Features"  means the characteristics and/or functions of  “Wi-Fi Device”  which can be managed via the App, for a description of which it is necessary to refer to the documentation relating to the product and the mobile application;
  4. “Cloud” refers to the services offered on demand by a supplier to an end customer via the Internet (such as data storage, processing or transmission), starting from a set of pre-existing, configurable and remotely available resources.
  5. “Service” refers to the data management service via the Cloud;
  6. "User" and "Customer" indicates the person who intends to use the service and accepts the relevant conditions, as indicated below;
  7. "Seitron" indicates Seitron S.p.A. a Socio Unico, the company that offers the Service to the Customer for the exchange of management and information flows between the Customer and Seitron through a dedicated control system.  “Parti Seitron”  indicates the managers, directors,
  8. Seitron employees, agents, suppliers or licensors;
  9. "Access" indicates the alphanumeric identification code held by the User and associated exclusively with the User for electronic identification.
  10. "Password" indicates the alphanumeric keyword associated with the specific login and known only to its owner

Considering that the Wi-Fi chronothermostat was developed to allow the user to interact with the heating and/or cooling system, in order to program and regulate the temperature of the rooms in which the device is installed, both locally and remotely and I know that the product is marketed and owned exclusively by Seitron, the latter indicates the following.

2. OBJECT

The preamble, definitions and documents referred to in this document, together with any amendments and additions thereto, are intended as an integral and substantial part.

These Conditions terminate and replace all legal relationships connected to them, which may have existed between the parties.

The object of the present is the provision to the signatory of the service for controlling, via the App, the connected functions available on the Wi-Fi Device and the remote management of the same by the signatory.

3. CONNECTION – EQUIPMENT – ACCESS

3.1. Connection

In order to use the Service, the Customer must first obtain the necessary technical equipment to gain access to the Internet, in relation to which Seitron has no role. In order to use certain services provided by Seitron, additional to the standard functions available on the Wi-Fi Device, the Customer must first install the Mobile Application on his smartphone.

3.2. Necessary equipment

The Customer will access and use the Service through their devices, after they have been equipped with the necessary software to enable and manage the connections and applications necessary to connect to the Internet, making the necessary changes.

The services offered through the App imply that interaction with the Wi-Fi Device can take place remotely, via the Internet or locally, via the home Wi-Fi network. In these cases, the correct functioning and integration between the Wi-Fi Device and the App may be influenced by factors such as:

  1. Wi-Fi signal quality and bandwidth
  2. type of home Internet access contract
  3. type of smartphone data contract

Seitron cannot be held responsible for any malfunctions when one of these three elements does not meet the specified requirements for the operation of the product.

The service provided remotely by Seitron via the Seitron Smart application involves the use of data. The related cost depends on the type of contract in place between the Customer and the ISP (Internet Service Provider) and will be borne by the Customer.

3.3. Access to Seitron Smart

Access to the App can be done exclusively via personal login and password (access credentials).

The user must pay maximum attention to the protection of their login credentials.

The access credentials are strictly personal and cannot be disclosed or communicated to third parties. The User will be responsible for the protection of their access credentials and their correct use and will be held responsible for any improper use of the same against Seitron or for any claim against Seitron made by third parties.

If the User becomes aware of improper use of their access credentials, due, for example, to theft thereof by third parties, the User must immediately inform Seitron via a suitable means capable of providing confirmation of receipt. Seitron undertakes to promptly block the service without delay. In the period between the receipt of the information and the actual blocking, the responsibility for any improper use remains with the user.

4. PROVISION AND SUSPENSION OF THE SERVICE

4.1. Service activation

The Seitron Smart service based on the use of the application must be activated after the user registers and performs the first installation as required by the app.

4.2. First login and password

After acceptance, the User will be able to access the Service.

4.3. Firmware and application updates

The Wi-Fi Device has an automatic software update system.

The Seitron Smart App may undergo updates via the channels used by the company, in order to guarantee the use of the service in the best possible way.

Seitron informs the customer that this operation implies a temporary interruption of the service.

Seitron declines any responsibility for the interruption of the Service during the updating of the software of the Device or the App or for any malfunctions linked to the failure of the user to update them.

4.4. Temporary interruption of service

Seitron reserves the right to suspend or interrupt the Service without notice, in the event of unforeseeable circumstances, causes of force majeure (including, by way of example: interruption of telematic connections and/or electricity supply) or for events of a technical nature. Seitron cannot under any circumstances be held responsible for any inconvenience or direct or indirect damage related to the temporary interruption of the Service. 

4.5. Changes to technical specifications

In order to ensure the efficiency and security of the Service, Seitron reserves the right to make any and all changes in technical specifications that may be required, without prior notice, doing its best to protect the continued operation of the Service.

In order to provide the best possible service and identify and correct any anomalies, anonymous information may be transmitted automatically via mobile applications to allow the problem to be analysed. In the event of a malfunction suffered by the User, the App allows the sending of the information necessary to analyze the problem.

The information transmitted includes: operating system version, smartphone model, the function that generated the error and other technical information.

5. DISCLAIMER

5.1. Risks

In consideration of the technical characteristics of the Internet - which is used for the provision of the Service - the Customer declares to be fully aware of and fully accepts the risks associated with or deriving from the provision and transmission of data via the Internet.

5.2. Content Disclaimer and Service Guarantee

Seitron and their respective officers, directors, employees, agents, suppliers or licensors do not provide warranties, nor make representations of any kind, express or implied, regarding the contents and services, including, without limitation, any guarantees regarding the operation and accuracy, reliability, completeness, timeliness or reliability of such contents and services. Furthermore, Seitron does not warrant that the Services will operate without errors, that they will be uninterrupted or available at any time or from any specific location, or that the services, the server or the contents are free of viruses, similar contamination or destructive features.

If maintenance or replacement of equipment or data or unexpected suspensions of the Service are necessary to use the services or contents, the related costs cannot be borne by Seitron. The services and content are provided "as is" and "as available", without warranties of any kind, express or implied. Seitron makes no warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third party rights and fitness for a particular purpose.

5.3. Services provided

In no event shall Seitron be liable for any indirect, incidental, punitive or consequential damages of any nature (including, without limitation, any loss of profits, data or business interruption) arising out of or in connection with the use or inability to use the services and their contents, whether such damages are based on warranty, contract, tort (including negligence) or any other legal basis, even if Seitron has been advised of the possibility of the occurrence Seitron Smart - Terms and Conditions Revision 00 of November 11, 2019 of such damages. Seitron cannot be held responsible for the truthfulness, accuracy or completeness of the contents, services or any other information provided to the user, nor for errors, inaccuracies, omissions, any delays, interruptions of data or information flows, whatever the cause. You agree to use the services and their contents at your own risk.

6. SEITRON INDEMNIFICATION

Upon request by Seitron, you agree to defend, indemnify and hold harmless Seitron from any consequences arising from losses, liabilities, damages and costs, including, without limitation, any legal and accounting fees arising out of or relating to claims, legal actions or demands attributable to:

  1. use or misuse of the Services (including any user-generated content);
  2. breach of these Terms and Conditions;
  3. any violation of intellectual property or other rights of any third party, or of any applicable law in connection with your use of the Services.

Seitron will notify you of any claims, suits or proceedings.

Seitron further reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. In such case, the User agrees to cooperate in contributing to Seitron's defense in the said matter.

7. TARIFFS AND TAXES

The right to use the App is granted free of charge with each purchase of a Wi-Fi Device whose operation is linked to Seitron Smart.

Any tax, charge or contribution to be paid in relation to this or the commissions or services that constitute its object, even in the future, will be borne exclusively by the Customer.

8. TERM OF SERVICE

8.1. Validity

The present will come into force on the date of execution and will remain in force until December 31, 2021 and will be automatically renewed from year to year, unless Seitron simply communicates interruption of the service.

If there are changes to this Agreement, a new subscription will be required by the User.

8.2. Interruption of use of the service

These Terms and Conditions will remain in effect until the date of termination of the agreement or until terminated by you or Seitron, as described below. 

Any Customer, if applicable, in his capacity as a consumer will have the right to terminate the relationship of use of the service referred to herein, without any charge and without the need to provide explanations, by written notification to Seitron SpA a Socio Unico, via del Commercio, 9/11 – 36065 Mussolente (VI), ITALY or by email to  legal@seitron.it . Seitron will proceed to close the accounts relating to the Services used by the user, respecting the necessary technical times.

Seitron may terminate the service to the User at any time, especially in the event that:

a) You have breached any provision of these Terms and Conditions (or have acted in a manner that clearly demonstrates that you do not intend or are unable to comply with the provisions set out herein);

or

b) Seitron is obliged to do so by law (for example, in the event that the provision of the Services to you is or becomes illegal);

or

c) The collaborative relationship between Seitron and the Partner with whom Seitron offered the Services has been interrupted, or the Partner has decided to no longer provide the Services, regardless of Seitron's will;

or

d) Seitron plans to no longer offer the Services in the country in which the user resides or from which he uses the Services, for example in the event that Seitron deems, in its sole judgment, that a service is no longer commercially profitable.

You acknowledge and agree that some of your Generated Content, such as that displayed outside of your profile, anywhere on the Site or on any social networking platform, may continue to be visible on the Site or other social networking platforms, even after your Generated Content is removed from the Site or your account is terminated.

9. ASSIGNMENT OF USE OR LEGAL RELATIONSHIPS CONNECTED TO THE SERVICE

The Customer may not assign or transfer the use of the services offered by Seitron under the Present and/or any of the rights and/or obligations deriving therefrom to third parties, without the prior written consent of Seitron.

Seitron will have the right to transfer in whole or in part the services offered by it and/or the rights and/or obligations deriving therefrom and the Customer undertakes to such transfer starting now.

The tolerance of either party of any behavior of the other party in violation of any of the provisions of this document illustrating Seitron's services shall not be interpreted as a waiver of the rights deriving from the provisions in question.

10. PERSONAL DATA

The collection and processing of Personal Data, acquired when the user uses the Services, takes place in compliance with Regulation (EU) 2016/679 of the European Parliament and the Seitron Smart - Terms and Conditions Revision 00 of 11 November 2019 Council of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data.

As required by Regulation (EU) 2016/679 (“GDPR”), the Customer authorizes the processing of his personal data as learned or disclosed for the execution of the Present. For this purpose, the Manager invites the Customer to view and sign the attached Privacy Policy, reminding the Customer that authorization to process the data collected for the execution of this Service is necessary and that failure to provide it will make its execution impossible.

In all other matters relating to compliance with the above legislation, please refer to the relevant documentation attached to this Agreement - PRIVACY POLICY PURSUANT TO ARTICLES 13 and 14 OF REGULATION (EU) 2016/679 ("GDPR").

11. MISCELLANEOUS

11.1. Applicable law

These Conditions are governed by Italian laws. Any dispute arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the Court of Vicenza (Italy) or the Consumer Court. The parties must previously and mandatorily promote and carry out the mediation procedure pursuant to Legislative Decree 28/2010 and subsequent amendments.

If any provision of these Terms and Conditions is held to be invalid, this will not affect the validity of the remaining provisions, which will remain in full force and effect.

Seitron's failure to enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision of these Terms.

With the exception of what may be explicitly and individually agreed between Seitron and the User, this document sets out the entire regulations between Seitron and the User in relation to the subject matter in question and replace or integrate any previous agreements, verbal or written, between the Seitron and User parties with respect to the subject matter.

11.2. Various

Section titles are provided for convenience only and have no legal value. These Terms of Use will inure to the benefit of our successors, assigns, licensees and sublicensees.