General Terms and Conditions for using the Heat@Home Direct application

1. General provisions.

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

1.2.These General Terms and Conditions becomes legally bound with the moment user downloads the application and starts using it. If at any time user do not agree with these General Terms and Conations, or its modifications, they must immediately terminate use of Heat@Home Direct.

1.3.Modification of these Terms and Conditions: Provider reserves the right, at his discretion, to change or modify these Terms and Conditions, at any time. Pprovider will notify user of any modifications of these Terms and Conditions. It is very important that user review every modification of these Terms and Conditions, because continued use of Heat@Home Direct after notification of changes to these Terms and Conditions, constitutes users binding acceptance of such changes. If user do not agree to be bound by the modified Terms and Conditions, they must stop using Heat@Home Direct immediately and remove it from their mobile device. Because Heat@Home Direct is evolving over time, provider may change these Terms and Conditions at any time, as well as discontinue to provide Heat@Home Direct.

2.Definitions

2.1.Heat@Home Direct Application is an application which offers additional functionalities to SilverTec devices that communicate over Bluetooth.

2.2.Provider is NOMNIO d.o.o., Razvanje, Tržaška cesta 85A, SI-2000 Maribor, Slovenia.

2.3.User encompasses the end-user, i.e., customer that uses Heat@Home Direct.

2.4.SilverTec Bluetooth device is a device that communicates with the Heat@Home Direct app over Bluetooth and can include a thermostat, a room unit, a receiver, or a controller.

3.Heat@Home Direct Application

3.1.INSTALL AND USE HEAT@HOME DIRECT APPLICATION

3.1.1.Heat@Home Direct App is integrated with SilverTec Bluetooth devices, such as Bluetooth-enabled thermostats, room units and wireless receivers and expands their functionalities. It is freely available for download in Apple App Store and Google Play Store. It is provided exclusively to users who have purchased a SilverTec Bluetooth-enabled device.

3.1.2.Heat@Home Direct uses Wi-Fi or mobile data connection for loading additional information about the connected devices and for device software upgrades.

3.1.3.Users access the Heat@Home Direct through a mobile device with Android or iOS operating system and enabled data transfer or Internet access. Data transfer and Internet access is enabled by the user.

3.1.4.The provider assumes no responsibility for potential damage to users arising from non-operation or interruptions in operation of the Heat@Home Direct resulting from limited access or lack of access to the Internet.

3.1.5.User has the right to access and use the Heat@Home Direct 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.

3.1.6.Individual functions and the full functioning of the Heat@Home Direct are supported by other dedicated applications and third-party software, namely: Microsoft Corp. (server and data infrastructure, performance monitoring) Zammad GmbH. (customer support).

3.2.DEVICE MANAGEMENT IN THE HEAT@HOME DIRECT APPLICATION

3.2.1.A user can register a SilverTec Bluetooth device to the Heat@Home Direct application by connecting with it over Bluetooth and adding it to the app.

3.2.2.Multiple users with physical access can add a SilverTec Bluetooth device to the app, but only one user can manage it at any givem time. While one user is connected the device, the other one must wait for the first one to disconnect.

3.2.3.User can remove the SilverTec Bluetooth device from the app anytime. To achieve this, they must remove the SilverTec Bluetooth-enabled thermostat in the Settings screen.

3.2.4.Provider can offer upgrades to SilverTec Bluetooth device through the Heat@Home Direct Application. When the upgrade is available, the user is notified about it in the Heat@Home Direct Application.

3.3.LIABILITIES

3.3.1.Provider assumes no responsibility for any damage or functional deficiencies of the heating or cooling system due to unintended operation of the heating or cooling system, unavailability of the Heat@Home Direct Application, due to unsuccessful SilverTec Bluetooth device upgrade in case of loss of connection between the mobile device and SilverTec Bluetooth device or any other related cause. If a user notices irregularities in app operation, they should stop using it immediately and manually configure the heating system and notifiy the provider immediately by following guidelines in Section 5. of this document.

3.4.DATA COLLECTION AND USE IN THE HEAT@HOME DIRECT APPLICATION

3.4.1.Heat@Home Direct does not require a user to register and create a personal account.

3.4.2.The Heat@Home Direct application needs location permission to work with the SilverTec Bluetooth-enabled devices’ Bluetooth module. Location data is only being used while actively using the application due to Bluetooth module permissions by the mobile device operating system. Heat@Home Direct itself does not collect or store any location data. Location data is not being collected in the background.

3.4.3.Heat@Home Direct application may use services to monitor application and service performance, but does not collect any personally identifiable information.

3.4.4.Heat@Home Direct application collects anonymised information about the use of the application.

4.Force majeure

4.1.The provider assumes no responsibility for any damage, delay force-majeureor functional deficiencies of the heating system and force-majeureHeat@Home Direct Application and Heat@Home Direct force-majeureService, resulting from force majeure or events that could not force-majeurebe affected, prevented or deterred.

5.User support

5.1.TEHNICAL SUPPORT

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

5.1.2.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.

5.1.3.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.

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

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

6.Provider’s obligations

6.1.The provider undertakes to make all the necessary efforts to ensure the smooth and faultless operation of Heat@Home Direct Application, insofar as this is within its power and outside the scope of providing access to the Internet connection.

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

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

6.4.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.

7.Copyright

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

7.2.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 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 Direct Application. Users shall be deemed to have been informed that, from the date of first use of Heat@Home Direct Application, the provider may initiate civil and/or criminal proceedings against the infringer in the event of infringements of copyright or other intellectual property rights.

8.Final provisions

8.1.The legal validity of these provisions, the relationship between the 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 provider has its principal place of business.

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

8.3.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.

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

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

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