General Terms and Conditions for Using the Heat@Home Service

1. General provisions

1.1.General Terms and Conditions for using Heat@Home Service (hereinafter: Heat@Home) lay out the guidelines of using the Heat@Home Application and underlying Services and govern the relationship between NOMNIO d.o.o., Razvanje, Tržaška cesta 85A, SI-2000 Maribor, Slovenia, as the Service provider and end-users of the Heat@Home Service.

1.2.These General Terms and Conditions becomes legally bound with the moment the User expressly agrees to have read and agreed with these General Terms and Conditions. If at any time User does not agree with these General Terms and Conations, or their modifications, he must immediately terminate the use of Heat@Home Service in the manner described in Section 4.6..

1.3.Modification of these General Terms and Conditions: The Service provider reserves the right, at his discretion, to change or modify these General Terms and Conditions, at any time. The Service provider will notify the User of any modifications of these General Terms and Conditions. User must review every modification of these General Terms and Conditions, because continued use of Heat@Home Service after notification of changes to these General Terms and Conditions, constitutes the User’s binding acceptance of such changes. If the User does not agree to be bound by the modified General Terms and Conditions, he must stop using Heat@Home Service immediately. Because Heat@Home Service is evolving, the Service provider may change these General Terms and Conditions at any time, as well as discontinue to provide Heat@Home Service.

2.Definitions

2.1.Heat@Home Application is the end-user application that enables users to remotely access the heating system through a mobile or other smart device by connecting to Heat@Home Service in the cloud.

2.2.User encompasses the end-user, i.e., a customer that uses Heat@Home Services.

2.3.Repairer and authorized installer are professionals who operate within or for the company where the User bought his Controller, which is supported in Heat@Home Service, and perform services of installation, maintenance, or support of the heating system.

2.4.Heat@Home Service or Heat@Home is a system platform that enables the users to remotely control the heating through a mobile application.

2.5.Controller is a device that controls the operation of the heating system.

2.6.Heat@Home communication module is a Wi-Fi and Ethernet enabled gateway that connects to the household network and connects Controller to the Heat@Home Service in Cloud, and transfers data between the Heat@Home Application and the Controller.

2.7.Instructions for use of Heat@Home communication module are instructions for use and settings of Heat@Home communication module, and Instructions for installation Heat@Home communication module. Instructions for use are available at the retailer website www.oeg.net.

2.8.Personal Data Protection Statement lays out the rules on the protection of personal data and is available at the Service provider’s website www.nomnio.com.

2.9.heathome.terms.definitions.2.10

3.Heat@Home service

3.1.Heat@Home Service is a functional environment, developed exclusively for users of heating Controllers, which are supported with Heat@Home Service, and who wish to regulate the heating system via remote access, monitor and analyze the status of each heated area, and change the values of the heating system parameters with individual entries or by setting cycles of heating schedule.

3.2.Achieving the positive effects and the purpose of Heat@Home Service depends on the User, his activities, and efforts to rationally and effectively manage the heating system.

3.3.In the event of any damage incurred to User or third parties due to failure to achieve savings in heating costs, the liability of the Service provider, its authorized Repairer, and qualified installer, is excluded.

4.Heat@Home Application

4.1.Use of Heat@Home Application

4.1.1.User gains the right to create a user account and password and use the Heat@Home Application, upon setting up application on to a mobile or other smart device and by purchasing and correctly installing Heat@Home communication module on to supported heating Controller.

4.1.2.Users access Heat@Home Service through their user account in the Heat@Home Application, set up on a mobile device with Android or iOS operating system. Application requires data transfer or Internet access which must be enabled by the User. The Service provider assumes no responsibility for potential damage to User arising from non-operation or interruptions in the operation of the Heat@Home Application resulting from limited access or lack of access to the Internet.

4.1.3.For detailed instructions on downloading the Heat@Home Application and creating a user account, see Instructions for use of the Heat@Home communication module.

4.1.4.User has the right to access and use the Heat@Home Application in the scope of basic functions, and in the scope of advanced functions, if he is subscribed to the last. The User has the right to change the scope of subscribed functions at any time.

4.1.5.Individual functions and the full functioning of the Heat@Home Application are supported by other dedicated applications and various software of third parties, that provide analytical processing, namely: Google Inc. (authentication), Apple Inc. (authentication), Facebook Inc. (authentication), Auth0 Inc. (authentication), Microsoft Corp. (server and data infrastructure, usage analytics), OpenWeatherMap, Inc. (weather forecast for the building location entry).

4.2.Managing the shared Heat@Home buildings

4.2.1.With Heat@Home Service, one building can be created by one Heat@Home user (owner) and adccessed by other users (e.g. family members), i.e., guest(s), whereby the access to the heating system is assigned by the holder of Heat@Home communication gateway through the Heat@Home Application.

4.2.2.The right to assign, restrict rights and manage user accounts linked to a shared Heat@Home building belongs exclusively to the user designated as the holder of Heat@Home building (owner). Only one user of the Heat@Home building can be assigned as owner.

4.2.3.It is not possible to transfer owner rights to another user of a shared Heat@Home building. The owner of Heat@Home building has the right to remove Heat@Home communication module from its user account, making it available for claim by another user. In this case, the Heat@Home building can be recreated.

4.3.Misuse of Heat@Home Application and sanctions

4.3.1.In the event of misuse of the Heat@Home Application, User shall have the right to disconnect the Heat@Home communication module at the place of installation or to demand from the Service provider to disable the option of remote access to manage the heating system. The User has the right to request from the Service provider to disconnect or reset Heat@Home communication module and set new identity properties in such a way as to ensure a newly designated holder (owner).

4.3.2.In the event of misuse or suspected misuse of the Heat@Home Application, the Service provider has the right to delete the user account or to restrict its access to a particular shared Heat@Home building.

4.3.3.The Service provider reserves the right to forward any request for limitation or exclusion of the right to the remote management of the heating system to the authorized Repairer or another authorized person, regardless of the reason, justification, or urgency of the request.

4.4.Removing user account

4.4.1.At any time and without giving any reason, the User has the right to request deleting or terminating (hereinafter: remove, removal) his user account, to the Service provider.

4.4.2.The request to remove the user account must include user information (full name and a valid email address).

4.4.3.The request to remove the user account can be initiated within the Heat@Home Application. The request to remove the user account can also be forwarded by the holder of the user account in writing via email at support@nomnio.com, or via regular mail to the official address of the Service provider: NOMNIO d.o.o., Tržaška cesta 85 A, SI-2000 Maribor, Slovenia.

4.4.4.If the removal of the user account is requested by the owner, the owner must first provide either the transfer of owner rights to another user or to remove all other users (guests) from the Heat@Home buildings and delete all Heat@Home communication modules from its user account.

4.4.5.The Service provider undertakes to carry out the removal of the user account itself or through another authorized person no later than 3 working days after receiving the request to remove the user account.

4.4.6.The Service provider shall notify the User via email about the successful removal of his user account. The Service provider does not assume any responsibility for possible damage to the User arising from untrue or incorrect information or indications given in the request to remove the user account.

4.4.7.With the removal of the user account, the Service provider undertakes to delete all user-related data from its database. The Service provider deletes data from its database in 1 month after removing the user account. In the event, that Service provider must delete a large amount of data, or that data deletion is complex, the Service provider can keep the data for another 2 months. The Service provider does not assume any responsibility for possible damage to the User arising from data deletion.

4.4.8.The User is aware that the removal of an individual user account includes permanent deletion of all data associated with the user account and cannot be retrieved.

4.4.9.In the event of removing the user account of a User, who is the only registered user for remote management of the heating system, the removal also includes permanent deletion of data concerning the values and parameters of the heating system and the analysis of these parameters.

4.4.10.The Service provider shall not be responsible for any damage incurred to an individual user arising from data deletion or loss of data relating to the removed user account or other values and parameters entered into Heat@Home Service, insofar as the user account has been removed upon the User’s request.

4.5.Payment

4.5.1.The Service provider provides two ways to access or use the Heat@Home Application (by payment or free of charge).

4.5.2.The Service provider enables free of charge access to basic functions of Heat@Home Application and paid access to advance functions of Heat@Home Applications. To use Heat@Home applicaton, the User must first buy and accurate install Heat@Home communication module.

4.5.3.User can begin to use free content with transfer and installation of Heat@Home Application from Google Play or Apple App Store, agreeing to these General Terms and Conditions and creating a user account.

4.5.4.Service provider reserves the right to change contents that he provides free of charge and to disable access to free content, at any time.

4.5.5.User will be notified about paid content in the Heat@Home Application. About paid content, current fee amounts, terms, ways of payment, and terms of paid subscription termination, and every other detail, will be disclosed to the User before signing up. Upon notification, the User has the option to award a contract of paid subscription by clicking on the order. By clicking on the order, the User issues a binding offer. By confirming the order or by providing access to paid content, the contract between the User and the Service provider is concluded.

4.5.6.Paid subscription: In the case of paid subscription, the Service provider grants User a limited, nonexclusive, nontransferable, revocable, and personal license to access and use paid content of Heat@Home Application.

4.5.7.Payment: In the case of paid subscription, we may ask the User to supply additional information relevant to the Transaction, including, without limitation, user credit card number, the expiration date of user’s credit card, and billing address (such information, “Payment Information”). User represents and warrants that he has the legal right to use all payment method(s) represented by any such Payment Information. When the User initiates a Transaction, he authorizes the Service provider to provide his Payment Information to third parties, who complete the transaction (Google Inc., Apple Inc.); the User may need to provide additional information to verify his identity before completing Transaction (such information is included within the definition of Payment Information).

4.5.8.User will be charged an monthly or annual paid subscription at the beginning of the subscription period and each period hereafter, respectively, at the then-current rate. The Service provider will automatically charge the User on the anniversary of the commencement of the subscription period of his paid subscription using the Payment Information the User provided.

4.5.9.By agreeing to monthly or annual paid subscription, the User acknowledges that the paid subscription has recurring payment features and accepts responsibility for all recurring payment obligations. Monthly or annual paid subscription is permanent until prior cancellation of paid subscription by the User or Service provider.

4.5.10.All charges are nonrefundable. If there is a defect in the Heat@Home Application, that disables its use and is by Service provider fault, the User may receive a replacement rather than a refund. Users may receive a replacement in event that the Service provider disables access to paid content of the Heat@Home Application.

4.5.11.Free Trial: Service provider may offer a free trial subscription to access specific content (“Free Trial”) for a limited period. The specific terms of Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial. Free Trials are only available to users who have not previously completed a Free Trial. Unless the User cancels his trial subscription before the end of his Free Trial, the Service provider will begin charging the user payment method regularly for the paid subscription fee until the User cancels the paid subscription. Instructions for canceling paid subscription are stated below in Section 4.6.. The Service provider will not notify the User that his Free Trial has ended or that the paid portion of his paid subscription has begun.

4.6.Cancellation of the contract

4.6.1.At any time, the User can cancel a paid subscription of the Heat@Home Application. The User is not entitled to a refund of the already paid subscription fees. Users can cancel the paid subscription through the Apple App Store or Google Play settings. Managing or canceling the subscription can only be done with the same iOS or Android account that was used to purchase the subscription. The cancellation of paid subscription can also be made via email: support@nomnio.com. In case of cancellation of paid subscription, the cancellation will be effective immediately, but the Service provider will allow the User to access Heat@Home Application until the most recently paid-up subscription period ends and then will terminate User’s access to the paid application content.

4.6.2.Cancelling User’s paid subscription won’t cancel User’s account. For removing the User’s account, see Section 4.4. above.

5.Heat@Home communication module

5.1.Purchase, set up, and use

5.1.1.Users can purchase the Heat@Home communication module through business partners of company Oeg GmbH and through its purchasing canals. You may find available products and business partners on the Oeg website www.oeg.net.

5.1.2.Purchase and return of the purchased product or its replacement are enabled following the applicable regulations governing the obligations and consumer protection and under the conditions determined by the seller or the distributor where the product has been purchased.

5.1.3.For Heat@Home communication module to function properly, the User must provide a Ethernet or Wi-Fi internet access of sufficient power, a Controller supported by Heat@Home Service, and mobile or another smart device that supports the Heat@Home Application and has enabled Internet access. The cost of meeting these requirements is borne by the User. The list of supported model versions and controller software is available in the description of the Heat@Home mobile apps in Google Play and Apple App Store.

5.1.4.The User is obliged to ensure that the requirements outlined in this chapter are fulfilled and to provide other devices or equipment necessary for Heat@Home communication module installation and Heat@Home Application set-up, as provided in Instructions for use of the module. The cost of purchasing the necessary devices or equipment is borne by the User.

5.1.5.The installation of the Heat@Home communication module must be carried out by an authorized person and following these General Terms and Conditions.

5.1.6.The Heat@Home communication module installation, reset and use must comply with the Instructions for use of the module.

5.1.7.The User is aware that the Heat@Home communication module reset establishes factory settings and removes any installed software. Heat@Home communication module reset permanently deletes the Wi-Fi settings, which disables the use of the Heat@Home Application.

5.1.8.The Service provider, its authorized Repairer, and qualified installer assume no responsibility for potential damage to users arising from non-operation or interruptions in the operation of Heat@Home Application resulting from limited access or lack of access to the Internet, due to incorrect installation of Heat@Home communication module, non-compliance with the above-stated requirements, or for the loss of data arising from Heat@Home communication module reset.

5.2.Warranty

5.2.1.The user of the Heat@Home communication module has the right to claim a warranty on the Heat@Home communication module in the event of Heat@Home communication module malfunction or if the Heat@Home communication module fails to correspond to the purchased product. The warranty process is carried out following the manufacturer’s warranty sheet attached to each product.

6.Force majeure

6.1.The Service provider assumes no responsibility for any damage, delay, or functional deficiencies of the heating system, Heat@Home Service or Heat@Home Application resulting from force majeure or events that could not be affected, prevented, or deterred.

7.User support

7.1.Technical support

7.1.1.Technical support for users is provided by authorized Repairers and qualified installers.

7.1.2.Technical support for users is provided in the form of physical assistance at the user’s location and in the form of remote assistance via support web page following these General Terms and Conditions.

7.1.3.Technical support and other help to users is also provided by the Service provider. Users can contact the Service provider by email addressed to support@nomnio.com.

7.1.4.The Service provider undertakes to allow the authorized Repairer to provide technical support.

7.1.5.TechThe Service provider does not assume responsibility for the work of authorized Repairers. The payments for the services rendered are made directly to the authorized Repairer.

8.Service provider’s obligations

8.1.The Service provider undertakes to make all the necessary efforts to ensure the smooth and faultless operation of Heat@Home Service and the provision of other technical requirements and requests for the establishment and operation of Heat@Home Service, i.e., the installation and operation of the devices and equipment necessary for the operation of Heat@Home, insofar as this is within its power and outside the scope of providing access to the Internet connection.

8.2.The Service provider undertakes to develop and upgrade Heat@Home. In case of technical, software, or other upgrades and updates of Heat@Home Service, Heat@Home Application, or other software programs, the Service provider reserves the right to temporarily suspend the operation of Heat@Home Service. The Service provider does not assume the responsibility for short-term interruptions that occur at the time of the upgrade or due to the upgrade.

8.3.Service provider may in its sole discretion and at any time discontinue providing access to the Heat@Home Application, or any part thereof (application termination), with or without prior notice. User agrees that Service provider is not liable for any damage arising to the User because of application termination.

8.4.User’s only remedy concerning any dissatisfaction with (i) the Heat@Home Application, (ii) any term of these General Terms and Conditions, (iii) any content or information transmitted through the Heat@Home Application, is to cancel account and stop using Heat@Home Application. User may cancel his Account at any time through the Heat@Home Application by going to account settings, or by sending a request to delete User Account via support@nomnio.com.

8.5.The Service provider undertakes that in any operation, which involves the processing of the User’s data, it will act following the Personal Data Protection Statement, as well as following the applicable regulations governing the field of personal data protection. The right of access to personal data and the method of exercising the latter are guaranteed and specified in the Personal Data Protection Statement.

8.6.The Service provider undertakes to continuously strive to provide technical support to users following these terms and conditions, but it is not obliged to provide support in the case of questions or problems explained in the Instructions for use of the module, in these General Terms and Conditions, in the FAQ section, or to which the Service provider, its authorized person, an authorized Repairer, or a qualified installer, has already provided an answer or explanation.

9.Copyright

9.1.The full content, as well as the platform and design features of the Heat@Home Service, Heat@Home Application and other accompanying and support systems (hereinafter: all content), are copyrighted and copyright protected.

9.2.All rights reserved. All content is copyrighted and can be used by users only for private and non-commercial purposes that comply with the rules set out in these General Terms and Conditions, and in no way for public or commercial purposes. It is strictly forbidden to distribute, copy, reproduce, represent, adapt, modify, publish, transmit, translate, sell or otherwise dispose of all or part of all content of Heat@Home Service, Heat@Home Application and accompanying support systems without the express written permission of the Service provider. Users shall be deemed to have been informed that, from the date of first use of Heat@Home Service or Heat@Home Application, the Service provider may initiate civil and/or criminal proceedings against the infringer in the event of infringements of copyright or other intellectual property rights.

10.Final provisions

10.1.The legal validity of these provisions, the relationship between the Service provider and the User, as well as resolving possible disputes, falls under the jurisdiction of the regulations in force in the territory of the Republic of Slovenia, except insofar as the regulations governing the field of consumer protection and which apply in the country of the User provide more comprehensive protection. All possible disputes shall be resolved by the court having jurisdiction at the place where the Service provider has its principal place of business.

10.2.Insofar as an individual provision of these General Terms and Conditions proves invalid, this does not affect the validity of other provisions.

10.3.Notwithstanding the other provisions of this chapter, the Service provider reserves the right to submit claims arising from the misuse of copyright or other rights reserved to it under these General Terms and Conditions and relating to other general acts of the Service provider and to enforce them under the law applicable in the country of the User.

10.4.These General Terms and Conditions can be modified due to changes introduced by the development of Heat@Home Service. The users shall be notified of any changes via a pop-up window in the Heat@Home Application.

10.5.These General Terms and Conditions enter into force on 1.9.2024.

10.6.General Terms and Conditions are available at the Nomnio d.o.o. website https://www.nomnio.com/en/legal/heathome/terms.