General Terms and Conditions for using HeatNext BT application
1.
General provisions
1.1.
General Terms and Conditions for using HeatNext BT Application
and HeatNext Service (hereinafter: HeatNext BT) lay out the
guidelines of using HeatNext BT Application and HeatNext
Service and govern the relationship between NOMNIO d.o.o.,
Razvanje, Tržaška cesta 85A, SI-2000 Maribor, as the service
provider and end users of HeatNext BT.
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 HeatNext BT.
1.3.
Modification of these Terms and Conditions: Service
provider reserves the right, at his discretion, to change or
modify these Terms and Conditions, at any time. Service
provider 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 HeatNext BT 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 HeatNext BT
immediately and remove it from their mobile device. Because
HeatNext BT is evolving over time, service provider may change
these Terms and Conditions at any time, as well as discontinue
to provide HeatNext BT.
2.
Definitions
2.1.
HeatNext BT Application is an application which offers
additional functionalities to devices that communicate over
Bluetooth.
2.2.
Service 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 use
HeatNext BT.
2.4.
Bluetooth devices is a device that communicates with
the HeatNext BT app over Bluetooth and can include a
thermostat, a room unit, a receiver, or a controller.
3.
HeatNext BT Application
3.1.
INSTALL AND USE HEATNEXT BT APPLICATION
3.1.1.
HeatNext BT App is integrated with 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 Bluetooth-enabled device.
3.1.2.
Heatnext BT uses broadband or mobile data connection only
during device upgrades.
3.1.3.
Users access the Heatnext BT 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 Heatnext BT resulting from limited access or lack of
access to the Internet.
3.1.5.
User has the right to access and use the Heatnext BT
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 Heatnext
BT are supported by other dedicated applications and
third-party software, namely: Microsoft Corp. (server and data
infrastructure, performance monitoring) Freshworks Inc.
(helpdesk plugin), OpenWeatherMap, Inc. (weather forecast for
the building location entry).
3.2.
DEVICE MANAGEMENT IN THE HEATNEXT BT APP
3.2.1.
A user can register a Bluetooth device to the Heatnext BT
application by connecting with it over Bluetooth and adding it
to the app.
3.2.2.
Multiple users with physical access can add a Bluetooth device
to the app, but only one user can manage it simultaneously.
While one user is connected the device, the other one must
wait for the first one to disconnect.
3.2.3.
Any user can remove the Bluetooth device from the app anytime.
To achieve this, they must remove the Bluetooth-enabled
thermostat the Settings screen.
3.2.4.
Service provider can offer upgrades to Bluetooth device
through the Heatnext Service in the Heatnext BT Application.
When the upgrade is available, the user is notified about it
in the Heatnext BT Application.
3.3.
LIABILITIES
3.3.1.
Service 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 Heatnext BT Application, due to
unsuccessful Bluetooth device upgrade in case of loss of
connection between the mobile device and 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 notifies the
provider immediately by following guidelines in
chapter 5
3.4.
DATA COLLECTION AND USE IN THE HEATNEXT BT
3.4.1.
Heatnext BT does not require a user to register and create a
personal account.
3.4.2.
The Heatnext BT application needs location permission to work
with the 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. Heatnext BT itself does not collect or store
any location data. Location data is not being collected in the
background.
3.4.3.
Application may use services to monitor application and
service performance, but does not collect any personally
identifiable information. Data collected and purposes of its
use:
3.4.3.1.
App collects anonymised information about the use.
Information is stored into small text documents known as
cookies.
3.4.3.2.
Cookies are small text documents, which most applications and
websites save into devices used to access the web, with the
intention of recognising individual devices used for the
access. Cookies are not dangerous, and work on a time
limit.
3.4.3.2.
Cookies allow user-friendly online services. It is a simple
way of keeping the content refreshed and appropriate, enables
analysis of its operation, monitoring issues and
troubleshooting.
|
Cookie name
|
Use
|
Company
|
| ai_session |
Preserves users states across page requests.
|
Microsoft |
| ai_user |
Used by Microsoft Application Insights software to
collect statistical usage and telemetry information.
The cookie stores a unique identifier to recognise
users on returning visits over time.
|
Microsoft |
4.
Force majeure
4.1.
The provider assumes no responsibility for any damage, delay
or functional deficiencies of the heating system and HeatNext
BT Application and HeatNext Service, resulting from force
majeure or events that could not be affected, prevented or
deterred.
5.
User support
5.1.
TEHNICAL SUPPORT
5.1.1.
Technical support for users is provided by qualified
installers.
5.1.2.
Technical support is provided during workdays, between 7 am
and 3 pm.
5.1.3.
Users can request technical support through the help function
in the HeatNext BT Application.
5.1.4.
Technical support and other help to users is also provided by
the provider. Users can contact the provider through the
contact form in the HeatNext BT Application, or by email
addressed to
info@heatnext.com.
6.
Provider's obligations
6.1.
The provider undertakes to make all the necessary efforts to
ensure the smooth and faultless operation of HeatNext Service
and HeatNext BT 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 HeatNext BT. In
case of technical, software or other upgrades and updates of
HeatNext BT Application and HeatNext Service, the provider
reserves the right to temporarily suspend the operation of
HeatNext Service. 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 Heatnext BT Application,
or any part thereof (application termination), with or without
prior notice. User agree that Provider is not liable for any
damage arising to user because of application termination.
6.4.
The provider undertakes to continuously strive to provide
technical support to users in accordance with 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, at the website
Heatnext
www.heatnext.com
in the FAQ section, or to which the provider, its authorized
person, 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 HeatNext BT Application and HeatNext Service, 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 Heatnext
BT Application and Heatnext Service. Users shall be deemed to
have been informed that, from the date of first use of
Heatnext BT Application and Heatnext Service, 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 these
General Terms and Conditions
proves invalid, this does not affect the validity of other
provisions.
8.3.
Notwithstanding the other provisions of this chapter, the
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 provider and to
enforce them under the law applicable in the country of the
user.
8.4.
General Terms and Conditions
can be modified due to changes introduced by the development
of HeatNext BT Application and HeatNext Service. The users
shall be notified of any changes of these
General Terms and Conditions
via a pop-up window in the Heatnext BT Application.
8.5.
General Terms and Conditions
enter into force on 22. 8. 2022
8.6.
General Terms and Conditions
are available in the Heatnext BT application.