Privacy App Seitron Smart

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

  • Seitron SpA as Sole Shareholder, having its 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"We refer to Seitron and to the User with the term "Parties".

1. DEFINITIONS

a) "Seitron Smart" or "App" refers to the mobile application Seitron Smart (available for Android and iOS systems) to manage the connected functions available on Wi-Fi devices in the Seitron catalogue; 

b) "Wi-Fi Device" means the connected Wi-Time programmable thermostat or other temperature control device with Wi-Fi feature included, which is developed, produced and marketed by Seitron; 

c) "Functionality" means the features and/ or functions of the "Wi-Fi Device" that can be managed via the App, for a description of which it is necessary to refer to the documentation related to the product and the mobile application;

d) "Cloud" refers to the services offered on demand by a supplier to an end customer through the Internet (such as data storage, processing or transmission), starting from a set of pre-existing, configurable and remotely available resources;

e) "Service" refers to the data management service via the Cloud;

f) "User" and "Customer" means the person who intends to use the service and accepts the relative conditions, as indicated below;

g) "Seitron" means Seitron S.p.A. as a Sole Shareholder, the company that offers the Customer Service for the exchange of management flows and information between the Customer and Seitron through a dedicated control apparatus. "Seitron Parties" means the managers, directors, employees, agents, suppliers or licensees of Seitron;

h) "Access" means the alphanumeric identification code held by the User and associated exclusively with the User for electronic identification;

i) "Password" refers to the alphanumeric keyword associated with the specific login and known only to its owner.

Considering that the Wi-Fi programmable weekly thermostat has been 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 known that the product is marketed and exclusive property of Seitron, the latter indicates the following.

2. SCOPE

The preamble, definitions and documents referred to hereunder, together with any amendments and supplementations thereof, shall be considered as an integral and substantial part of this Agreement.

Terms and Conditions described in this document terminate and supersede all prior Agreements or legal relationships between the parties. The subject matter of the Present shall be the provision to the signatory of the service for the control, by means of the App, of the connected functionalities available on the programmable thermostat and the remote management of the same by the signatory.

3. CONNECTION – EQUIPMENT - ACCESS

3.1. Connection

In order to be able to use the Service, the User must first obtain the necessary technical equipment to gain access to the Internet, in relation to which Seitron plays no role whatsoever. In order to be able to use certain services provided by Seitron, in addition to the standard functions available on the Wi-Fi programmable thermostat, the Customer must first install the App on his/her smartphone.

3.2. Necessary Equipment

The Customer shall access and use the Service through his/her own devices, after they have been equipped with the necessary software to enable and manage the connections and applications required to link to the Internet, making the necessary adjustments.

Services offered by means of the App imply that the interaction with the Wi-Fi thermostat can take place remotely, through the Internet network, or locally, through the home Wi-Fi network. In these cases, successful operation and integration between the Wi-Fi Device and the App may be affected by:

  • Quality of Wi-Fi signal and bandwidth
  • Type of home internet access contract
  • Type of smartphone data contract

Seitron may not be held liable for any malfunctioning when any of these 3 elements fail to comply with specified requirements for product operation.

The Service provided remotely by the Seitron via the App involves the usage of data. The related cost depends on the type of contract in place between the Customer and the ISP (Internet Service Provider) and shall be at the Customer’s expense.

3.3. Access to Seitron Smart

Access to the App may be made exclusively via a personal login and password (access credentials).

The User shall take the utmost care in protecting his/her access credentials.Access credentials are strictly personal and may not be disclosed or communicated to third parties. The User shall be responsible for protecting his/her access credentials and using them correctly and shall be held accountable for any improper use of the same against Seitron or any claims against Seitron made by any one third parties.

Should the User become aware of any improper use of his/her access credentials, due, for example, to theft of the same by a third party, the User shall immediately inform Seitron via a suitable means that is able to provide confirmation of receipt. Seitron will commit to promptly block the service with no delay. In the period between receipt of the information and actual blocking of the codes, responsibility for any improper use shall remain of the User.

4. PROVISION AND SUSPENSION OF THE SERVICE

4.1. Service Activation

The Service Seitron Smart based on the use of the mobile App shall be activated following user registration and execution of the first installation as required by the App. 

4.2. First access and password

Upon acceptance, the User will have access to the Service.

4.3. Firmware and application update

The Wi-Fi Device disposes of a software automatic update system.The mobile app Seitron Smart may be subject to updates through the channels used by Seitron, in order to grant the best possible use of the Service.

Seitron informs the User that this operation involves a temporary interruption of Service provision.Seitron declines all responsibilities for the interruption of the Service during the updating of the Device or App software or for any malfunction related to failure to update them by the User.

4.4. Temporary interruption of the Service

Seitron reserves the right to suspend or interrupt the Service, without notice. In case of unforeseeable circumstances or force majeure (including, without limitation: interruption of telematic connections and/or electricity supply) or any event related to technical specifications.In no case, Seitron will be held responsible for any inconvenience or direct or indirect damage related to the temporary interruption of the Service.

4.5. Modifications to technical specifications

In order to ensure the efficiency and security of the Service, Seitron reserves the right to make any and all changes to the technical specifications as may be required, without notice, using its best endeavours to protect the seamless continuation of the Service.

In order to provide the best possible service and identify and correct any anomalies, it is possible that anonymous information is transmitted automatically via mobile application to allow the analysis of the issue. In the event of malfunctioning suffered by the User, the App allows to send the information required to analyse the problem.Information transmitted include: operating system version, smartphone model, the function which generated the error and other technical information.

5. DISCLAIMER OF LIABILITY

5.1. Risks

In consideration of the technical characteristics of Internet - which is used for the provision of the Service - the Customer declares that he/she is entirely aware of and fully accepts the risks associated with or deriving from the provision and transmission of data through the Internet.

5.2. Disclaimer of liability for contents and service guarantee

Seitron and their respective managers, directors, employees, agents, suppliers or licensees do not provide warranties, nor do they make statements of any kind, explicit or implicit, regarding the contents and services, including, without limitation, any guarantees regarding the functioning and accuracy, reliability, completeness, timeliness or reliability of such content and services. Furthermore, Seitron does not guarantee that the Services will function without errors, that they will be uninterrupted or available at any time or from any specific place, nor that the services, the server or the contents are free from viruses, similar contaminations or destructive characteristics.

If maintenance or replacement of equipment or unexpected data or suspensions of the Service are required to use the services or contents, the relative costs cannot be charged to Seitron. The services and content are provided on an "as is" and "as available" basis, without warranties of any kind, explicit or implied. Seitron does not provide any warranties, including but not limited to guarantees of ownership, merchantability, non-infringement of third party rights and suitability for a specific purpose.

5.3. Provided Services

Seitron can in no case be considered responsible for any indirect, accidental, punitive or consequential damage of any nature (including, by way of example, any loss of profits, data or business interruptions) arising from or related to use or inability to use the services and their contents, whether such damages are based on warranty, contract, fault (including negligence) or any other legal assumption, even if Seitron has been informed of the possibility of such damages occurring. 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, delays, interruptions of data or information flows, whatever be the cause. The User agrees to use the services and related content at your own risk or peril.

6. INDEMNIFICATION OF SEITRON

Upon simple request by Seitron, the User agrees to defend, indemnify, and relief Seitron from and against any losses, responsibilities, damages and costs, including without limitation, reasonable legal and accounting costs, arising or resulting from any claims, actions or demands related to:

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

Seitron shall provide notice to the User of any such claim, suit, or proceedings. Seitron reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such a case, the User agrees to cooperate in contributing to the defense of Seitron in the matter of this matter.

7. FEES AND TAXES

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

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

8. TERMINATION OF SERVICES

8.1. Validity

These Terms & Conditions will come into force on the date of execution of the App and will remain in force until December 31st 2021. They will be renewed automatically from year to year, except for simple communication of service interruption by Seitron.

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

8.2. Interruption on the use of the service

These Terms and Conditions will remain valid until the date of termination of the agreement or until the termination by the user or Seitron, as described below.

Any Customer, where appropriate, 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 means of written notification to Seitron SpA to Sole Shareholder, via 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 can terminate the service to the User at any time, especially in the event that:

a) The user has violated any provision of these Terms and Conditions (or has acted in such a way as to clearly demonstrate that he does not intend or is not in a position to comply with the provisions set forth by the Present);

or
b) Seitron is obliged to do so by law (for example, if the provision of the Services to the user is or becomes illegal);

or
c) The collaboration relationship between Seitron and the Partner with whom Seitron offered the Services has been interrupted, or the Partner has decided not to provide the Services any longer, regardless the will of Seitron;

or
d) Seitron expects to no longer offer the Services in the country in which the user resides or from which he uses the Services, for example if Seitron believes, in its sole judgment, that a service is no longer profitable from the point of view commercial.

The user acknowledges and accepts that some of its generated content, such as those displayed outside his profile, in any part of the Site or on any social network platform, may continue to be visible on the Site or on other social network platform, even after its generated content has been removed from the Site or its account has been closed.

9. TRANSFER OF USE OR LEGAL RELATIONSHIPS RELATED TO THE SERVICE

The Customer cannot assign or transfer the use of the services offered by Seitron according to the Present and / or any of the rights and / or obligations resulting to third parties, without the prior written consent of Seitron.

Seitron will have the right to assign all or part of the services it offers and / or the rights and / or obligations that derive from it and the Customer commits to this transfer starting from now. now.The tolerance of one of the parties to any behavior of the other party in violation of any of the provisions of this document illustrating the services of Seitron should 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 of the Council of 27 April 2016, relating to the protection of individuals with regard to the processing of personal data.

As required by Regulation (EU) 2016/679 ("GDPR"), the Customer authorizes the processing of their personal data as learned or disclosed for the execution of the Present. For this purpose, Seitron invites the Customer to view and sign the attached Privacy Policy, reminding the Customer that authorization is required for the collected data processing for the execution of this Service and that failure to supply it will make it impossible to execution of the same.

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 controversy deriving from these Terms and Conditions will be subject to the exclusive jurisdiction of the Court of Vicenza (Italy) or the forum of the Consumer. The parties must promote and implement the mediation procedure in advance pursuant to Legislative Decree 28/2010 and subsequent amendments.

If any provision of these Terms and Conditions is deemed invalid, this will not affect the validity of the remaining provisions, which will remain fully valid and effective.Seitron's failure to apply any provision of these Terms of Use cannot be construed as a waiver of that provision or any other provision of these Terms.

With the exception of what is explicitly agreed possibly and individually between Seitron and the User, this document explains the entire discipline between Seitron and the User in relation to the subject matter and replaces or supplements any previous agreements, verbal or written between the parties Seitron and User with respect to the matter in question.

11.2. Various

Section titles are provided only for practical purposes and have no legal value. These Terms and Conditions will remain effective for the benefit of our successors, assignees, licensees and sub-licensees.