A. General terms and conditions regarding the use of the Homplex Smart Living mobile application
This agreement sets out the conditions under which any person may install and use the Homplex Smart Living mobile application (the “Application”) and represents the contract you have agreed with its provider. Please read this agreement in full before using the services provided by our company.
BY DOWNLOADING AND / OR USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND FULLY ACCEPTED THESE TERMS AND CONDITIONS.
Users understand and agree that by using the Application, creating an user account, and further accessing it constitutes full and unconditional acceptance of the Terms and Conditions.
1. In these Terms and Conditions, the following defined terms shall have the meanings ascribed:
(a) „The provider” means HOMPLEX S.A., having its headquarters in the City of Voluntari, Pipera Avenue, No 1 / VII, North City Tower Building, Floor 7, Ilfov County.
(b) „The Application” means the Homplex Smart Living mobile app, distributed by the Provider through digital mobile apps distribution platforms.
(c) „The services” means any service provided by the Provider through the Application, such as programming the Homplex NX1 thermostat. This is a programmable ambient thermostat, built to control the home heating, being compatible with most heating plants. By connecting it to the internet, the control of the thermostat can be performed with the help of the Application.
(d) „The user” is you, meaning any person who accesses the Application or who uses in any way, any Service provided through the Application;
2. Intelectual property rights
2.1. All materials and information available in the Application, including, but not limited to its content and graphics, all content in text format, as well as the technical sources of all present and future services and facilities, are protected by the provisions of Romanian legislation in manners of copyright and belong to the Provider, unless another owner is expressly mentioned. They are created specifically for the use of the Services by Users, exclusively for personal and non-commercial purposes, only in strict accordance with the provisions of these Terms and Conditions and the instructions provided by the Provider to the User, including through the Homplex NX1 thermostat user manual.
2.2. The application can be downloaded for free through AppStore and Google Play. All and any costs related to the data traffic for downloading and using the Application will be entirely the Users’ responsibility.
2.3. Any use of the Application by third parties for purposes other than those provided in this agreement may be made only with the written, express and prior consent of the legal representative of the Provider. The marketing, the reproduction, the public communication, the distribution and / or the modification in any way of the Application or of any other component made for purposes other than those provided for in this agreement are prohibited.
2.4. The Provider offers the User a non-exclusive and non-transferable right to use the Application from any mobile device, as distributed by the Provider through the digital distribution platforms of mobile applications.
3.1. By accepting these terms and conditions the User declares that he / she is at least 18 years old and has the legal capacity to download and use the Application.
3.2. By accepting these terms, the User also certifies, that according to the applicable legal provisions he / she has the right to use the Service and to access the Application and assumes full responsibility for his / her choice and use.
3.3. Upon registration in the Application, the User will provide correct, complete, current and valid data.
3.4. Users are prohibited from choosing or using as a username the name of another person with the intent of identity fraud and identity theft. Whenever it considers that this obligation is violated, the Provider will have the right to refuse the registration or to cancel or change the username and the related account in the Application.
3.5. The User account and the related password are individual and non-transferable.
4. Use of the Services. Updates.
4.1. The installation of the Application and the use of the Services are free of charge.
4.2. The role of the Homplex NX1 thermostat is to ensure the interface between the user and the heating system, the collection of environmental information (temperature, humidity), as well as the operation of the heating system according to their level in relation to the applied settings. Through the Application, the functionality of the thermostat is extended with programmable modes and internet control. To use the Application in connection with your device, you must perform their installation, connection and registration in accordance with the instructions provided in the user manual by the Provider to the User.
4.3. Due to the importance of the firmware updates, the User consents in advance by these terms and conditions to the automatic performance of all firmware updates of the thermostat. Updates will be performed automatically when they are available, without the need for a new consent from the User, who will be notified upon their successful installation.
4.4. If the User has made the appropriate settings on his own equipment, the Application will be automatically updated whenever the Provider publishes new versions of it on the digital distribution platforms. The User will be notified upon successful installation of the Application updates.
4.5. Any of the updates mentioned above will be performed only if the User ensures the connectivity of the thermostat and the Application to the internet network. If for any reason, the Application cannot be automatically (or manually) updated to the current version, the User’s access to the old versions of the Application will be restricted. In order to continue using the Application, the User is obliged to install the latest version of the Application available on the digital distribution platforms.
5. Limitation of liability clauses.
5.1. The Provider will make reasonable commercially efforts to ensure the availability of the Service and to remedy the malfunctions reported by Users in connection with the Application as soon as possible. However, Users understand and agree that the provision of the Service may be affected by certain objective conditions, as well as that any Services offered through the Application are provided according to the principle “as is”, “as available”, and Users shall use these services at their own risk. To the fullest extent permitted by law, the Provider does not assume its obligation and does not warrant implicitly or expressly for the content of the Application, nor for the fact that it will operate uninterruptedly, on time, securely or without errors.
5.2. The Provider does not guarantee the compatibility with all plants or heating systems and any questions can be sent by e-mail at: email@example.com.
5.3. Force majeure removes the Provider’s liability. Force majeure events are considered, without being limited to them, events such as war, revolution, embargo, earthquake, terrorist attack, flood, fire, computer attacks or serious malfunctions in the operation of the internet network, malfunctions of the technical equipment of the Provider , lack of functioning of the internet connection, lack of functioning of telephone connections, computer viruses, computer attacks of any kind and interference with malware, unauthorized access to the systems of the Application, operating errors, strike and illegal termination of work, issuance by a competent authority an order or any binding document that prevents the activity of the Provider.
6. Modification and termination of these terms and conditions.
6.1. . The Provider has the right to modify at any time and in any way any of the provisions of these terms and conditions.
6.2. Users will be notified in what concerns the modifications electronically. Any modification will be considered as fully and unconditionally accepted by any of the Users by the simple use or access of the Application, made at any time after the date indicated by the Proivder for the entry into force of the modifications.
6.3. In the event of significant modifications, the User is obliged to expressly adhere to the new terms and conditions in order to continue to use the Services and the Application.
6.4. The Provider may unilaterally terminate these terms and conditions with 15 (fifteen) days notice. Upon termination regardless the reason, the User will cease to use the Application and will delete it from his / her device.
7. Applicable Law and Jurisdiction.
The rights and obligations of the Users and the Provider, mentioned in the present terms and conditions, as well as all the legal effects that they produce will be interpreted and governed in accordance with the Romanian law in force. Any dispute arising out of or in connection with the terms and conditions will be resolved by the competent court located in the territorial area of Bucharest. In the event that the dispute falls within the jurisdiction of the court, it will be submitted to the District 2 Court.
If there is no other written agreement between the User and the Provider, any correspondence must be sent to: the Site Administrator at the e-mail address: firstname.lastname@example.org, and to the User at the e-mail address provided at registration.
The confidentiality of the data you provide us is very important to us. We are transparent and provide you with all the information to understand the purpose for which we request your data, the rights you have and what are your options when you use our services.
9.2. For the purposes of the General Regulation on Data Protection, the Operator is HOMPLEX S.A., with its headquarters in the City of Voluntari, Pipera Avenue, No. 1 / VII, North City Tower Building, Floor 7, Ilfov County.
9.3. We collect from you the following personal information:
name, surname and e-mail, these being strictly necessary for the creation of the user account and for the use of the Application. We rely on your consent to provide this data in order to create the access account in the Application and to verify the authenticity of the accounts created so that you can benefit from the Services.
your location, which is strictly necessary for searching for Wi-Fi networks and connecting to the internet. The permission to use the location is used exclusively to access the Wi-Fi network to connect the thermostat and the Application to the Internet connection, and the legal basis is the performance of the Contract to which the User is a party.
your geographical region and usage behaviors in order to improve the Service and adapt it in the future to the needs of the User. We rely on the legitimate interest of the operator to collect and process this data.
The password for the User account is not stored by the Provider.
9.4. We may disclose your data to collaborators and partners, under very strict contractual conditions regarding the confidentiality and security of the data. Such categories of recipients can be: technical consultants, programmers, marketing consultants, without affecting the rights of data subjects. If we receive a request from the public authorities requiring the disclosure of User’s personal data, according to the law, we are obliged to performe it accordingly.
9.5. Your data is not disclosed to other Users of the Application.
9.6. We retain your data as long as there is a legal obligation or as long as the User account is active and for another 30 days after the account deactivation / deletion request, for reasons related to the legitimate interest of the operator to protect the platform and Users of fraud.
9.7. Users’ Rights
According to the provisions of the General Regulation for the Protection of Personal Data, chapter III The rights of the data subject, art. 12-22, the individual in question will have the following rights:
9.7.1. The right to information
9.7.2. The right to access
Users have the right to obtain from us a confirmation of wether we are processing or not their personal data and, if so, access to those data and the appropriate information shall be granted. Upon Users’ requests, we may provide a copy of the personal data that is processed. For any other copies requested, we may charge a reasonable fee based on administrative costs. The information will be provided in a commonly used electronic format. We reserve the right not to respond to manifestly unfounded, excessive or repeated requests.
9.7.3. Right of rectification.
The user may request the rectification of inaccurate personal data, respectively the completion of personal data that are incomplete, including by providing an additional statement. This right can also be exercised directly by accessing the user account, within the limits of the functionality offered by the Application.
9.7.4. Right to erasure (‘right to be forgotten’)
The User may request the deletion of his / her personal data, if one of the following reasons applies:
The personal data is no longer necessary for the purpose an organization originally collected or processed it;
The User withdraws his / her consent, and there is no overriding legitimate interest for the organization to continue with the processing;
The User objects to this processing;
Personal data has been processed unlawfully;
Personal data must be erases in order to comply with a legal ruling or obligation.
Personal data was processed for direct marketing purposes
According to the legal provisions, the obligation to delete the User’s data does not apply to the extent that the processing is necessary for compliance with a legal obligation or for archiving purposes in the public interest, for scientific or historical research or statistical purposes or for finding, exercising or the defense of a legal claim.
9.7.5. Right to restrict the processing
The User shall have the right to obtain the restriction of processing where one of the following applies:
The personal data is contested by the User, for a period enabling to verify the accuracy of the personal data;
The processing is unlawful and the User opposes the erasure of the personal data and requests the restriction of their use instead;
We no longer needs the personal data for the purposes of the processing, but they are required by the User for the establishment, exercise or defense of legal claims;
The User has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
9.7.6. Right to data portability
The User shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
the processing is based on consent and
the processing is carried out by automated means.
In exercising his or her right to data portability, the user shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
9.7.7. Right to object
The User shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her, unless otherwise provided by law. In the event of justified opposition, the processing may no longer target the data in question.
9.7.8. Automated individual decision-making, including profiling
Users have the right to request and obtain the withdrawal / annulment / re-evaluation of any decision which produces legal effects concerning him or her, taken solely on the basis of personal data processing, carried out by automatic means, intended to assess certain aspects of its personality, such as professional competence, credibility, his / her behavior or other such aspects.
9.7.9. Right to an effective judicial remedy against a controller or processor
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, each User shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.
9.8. The services provided by the operator are addressed to adults. Homplex S.A. recommends that parents take an active role in monitoring their children’s online activity. If you consider that we have collected personal data of a minor, please contact us at email@example.com.
9.9. All your personal data is stored in Romania. We do not transfer your data to non-EU countries or international organizations.
9.10. For any request / notification regarding the observance of your rights regarding the protection of personal data, please contact the operator, at the e-mail address firstname.lastname@example.org or at the physical address mentioned above in art. 9.2.
9.11. According to personal data protection legislation, the deadline for responding to your requests is 30 days. If, depending on the complexity of the request, we are unable to implement the requested measures within a period of less than 30 days, this period may be extended, in accordance with applicable law, by a maximum of 60 days. In this case, you will be notified within 30 days of receipt of the request, of the reasons causing the delay.