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Terms and Conditions of Service

Version of this document: 1.0

Welcome to IconSmartHome, but before you start using our service, you must agree to our Terms and Conditions of Service:

Thank you for your interest in IconSmartHome! We invite you to access and use the IconSmartHome Service to enjoy an always connected window or door with IoT potential. Please note that your registration and use of the IconSmartHome service and website is subject to your acceptance of these Terms and Conditions of Service. The IconSmartHome service is provided subject to certain limitations and terms of use that comply with law. We may need to change these Terms and Conditions from time to time, and we reserve the right to do so. Please check here for new information, the version of this agreement and its effective date.

This document is a contract, so please read it carefully:

This document describes in detail your rights relating to the Service, so please review these Terms and Conditions carefully. These Terms and Conditions of Service constitute a contract between us. If you do not agree to these Terms, you will not have the right to access or use our Service remotely, i.e. from outside your home. If you do not agree, your windows and doors will only work in local mode and will not be supported by the cloud and therefore some of the services will not be accessible. If you use our Service, your use will be deemed to be acceptance of the Terms and your consent to be a party to this binding agreement.

By using this Service, you acknowledge, agree and accept all Terms, including the Privacy Policy:

By using the Service, you acknowledge, agree and accept all terms of the Privacy Policy, including, without limitation, the use and treatment of your Account Information and Content in accordance with such Privacy Policy.

Parties to this Agreement:

You are one of the parties to this contract. The other party is PROCOMSA a private company based in Spain with its registered office in P. I. Torrelarragoiti, Pabellón nº 5 I, – 48170 – Zamudio – BIZKAIA, and referred to in these Terms of Service as "IconSmartHome", "we", and sometimes "us".

The Terms and Conditions of this Agreement may change:

This Agreement will almost certainly be subject to change, due to changes in our Service and in the laws applicable to you and us. If we make any changes, we will make every effort to inform you in advance, although in certain situations, such as when changes are necessary to comply with applicable legal requirements, any changes to these Terms may need to take effect immediately. We will post changes here on our website and we may also choose to notify you of changes by sending an email to the email address you have provided to us. We will also try to explain the reasons for the change. If these Terms are updated, you are free to decide whether to accept these changes or to stop using our Service, your continued use of the Service after such update becomes effective will be deemed to represent your agreement to the new Terms and your consent to be bound by them. Except for changes made by us as described herein, no modification or amendment to these Terms will be effective unless set forth in a written agreement signed by you and us. For the sake of clarity, e-mails and other communications shall not constitute an effective written agreement for this purpose.

Description of the IconSmartHome Service:

The IconSmartHome CLOUD Service consists of a website and a Cloud server that supports communications from the outside of the house to the communications with your windows and doors. The IconSmartHome services and products offered by PROCOMSA, thanks to the IconSmartHome CLOUD service, offer other complementary services such as alert services. IconSmartHome allows its users to collect, store and share data from their devices, manage them and program them. In exchange for allowing you to use the Service, you agree to be bound by these Terms.

PROCOMSA is not responsible for the Content and User Data provided by other users:

PROCOMSA does not screen or filter User Data or Content, and does not review, check, confirm, approve or verify any User Content or User Data or the accuracy of such User Data or Content. Neither these Terms and Conditions, your use of the Service, IconSmartHome's provision of the Service, nor PROCOMSA's access/storage/use of User Data and Content shall imply or create any responsibility or liability on the part of IconSmartHome for any User Data provided by other users and included in the Service. Your access to and use of the Service or any Content is at your own risk.

The IconSmartHome CLOUD service temporarily stores data on temperature, humidity, Co2, opening, roller shutter or opening status. In this way we can provide you with operation history and efficiency graphs. If you do not accept the terms these services will not be offered and the server will not store any temporary data.

The historical data of your windows will be stored encrypted in the IconSmartHome CLOUD database and is at no time linked to your personal data in the same tables. All data will be identified by an alphanumeric user ID.

The IconSmartHome CLOUD Service is provided on an "AS IS" and "AS AVAILABLE" basis:

You understand and agree that the Service is provided to you "AS IS" and "AS AVAILABLE". Until further notice, the IconSmartHome CLOUD Service is offered as a Beta software edition, which means there is NO SERVICE LEVEL AGREEMENT AND NO GUARANTEE OF SERVICE AVAILABILITY. PROCOMSA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. IconSmartHome shall not be responsible or liable for any loss of data, or other damages arising out of your access to or use of the Service. You also agree that PROCOMSA has no responsibility or liability for the deletion, or the failure to store or transmit, any content maintained by the Service. PROCOMSA makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information obtained from PROCOMSA, whether oral or written, shall create any warranty not expressly stated herein.

Register as a IconSmartHome user by creating an account:

First you have to create a IconSmartHome account. You create an account by providing us with an acceptable username and email address, and by creating a password. We refer to this as your "Account Information". We suggest that you use a distinct and non-obvious username and password combination, ideally different from those you use for other services. You are responsible for ensuring the accuracy, integrity and confidentiality of your Account Information, and you will be responsible for all activities that occur under your Account, including the activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage caused by your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorised use of your Account Information or suspect that someone may be able to access your private Content, you should immediately change your password and notify our Customer Service team.

In addition, IconSmartHome is not responsible for the availability of Internet and other telecommunications services necessary to access the Service.

Your rights as a User:

Once you have created an account and accepted these Terms, we provide you with a limited, non-exclusive license to use the Service subject to these Terms, to the extent you are not denied receiving the Service under any law applicable to you, until you voluntarily close your account or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-transferable, non-exclusive, non-transferable licence. To use the IconSmartHome CLOUD APP and Service, until your rights under such licence and/or these Terms expire. You obtain no other right or interest in IconSmartHome or the Service.

Your use of IconSmartHome and its Content:

Your use of the Service must be in accordance with these Terms. With respect to your use of IconSmartHome, you agree to be responsible for your own conduct and all conduct on your Account. This means that all Content - such as data from your devices, text, files of any kind (images, videos and anything else you can think of), regardless of its form or technical structure (collectively, "Content") - created, transmitted, stored or displayed in your Account, is your sole responsibility as the person who created your user account and is the only person with knowledge of it. This applies even if the Content is kept private, shared or transmitted using the Service or any third party application or service integrated with IconSmartHome.

Data Protection and User Content:

  • Your Data is Yours: You retain your rights and any other rights to your temporary graphics collected by the devices, prior to submitting or posting or displaying it on or through the Service or other means. But you do have to grant IconSmartHome a limited license, as described below, so that we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, IconSmartHome acknowledges and agrees that we obtain no other right, title or interest from you in your Content under these Terms. To enable IconSmartHome to operate the Service, we must obtain from you certain licenses and other rights in the Content you submit to us so that the processing, maintenance, storage, technical reproduction, backup and distribution and related management of your Content does not infringe applicable copyright and other laws. This means that by using the Service, you grant IconSmartHome a licence to display, perform and distribute any of your Content, and to modify (for technical reasons, e.g. to ensure that the Content can be viewed on both smartphones and computers) and reproduce such Content to enable IconSmartHome to operate the Service. You also agree that IconSmartHome has the right to choose not to accept, post, perform, store, display, publish or transmit any Content on an anonymous basis without providing any user data. You agree that these copyrights and licenses are royalty-free, irrevocable and worldwide (for so long as your Content is hosted with us) and include the right of IconSmartHome to make such Content, and to transfer such rights to them, available to third parties with whom IconSmartHome has contractual relationships in connection with the provision of the IconSmartHome Service solely for the purpose of providing such services, and otherwise to permit access to or display of your Content to third parties if IconSmartHome determines that such access is necessary to comply with its legal obligations. You also agree with us that, by agreeing to the Terms, your non-personal information may be transferred by IconSmartHome through its APIs to other APP developers so that through these third party APPs you may access your IconSmartHome windows and doors services. The rights described in these Terms, you are not infringing the rights of any person or third party. Finally, you understand and agree that IconSmartHome, in carrying out the technical steps to provide the Service to our users, may make your non-personal data necessary to conform and adapt the Content to the technical requirements of connecting networks, devices, services or media.
  • Your Data and Content are protected: The security of your data is of utmost importance to us, and we make every effort to keep your data safe and secure. However, we assume no responsibility for any loss or unauthorised distribution of your Content. Your privacy in your Content is also our primary concern, and we hope that we will never have to examine anyone's Content. However, there are certain circumstances in which we may need to screen your Content in whole or in part, as explained in our Privacy Policy. Except as described here and in our Privacy Policy, unless you choose to allow others to view or access the Content you submit to the Service, no one else should view your Content without your consent. Of course, if you choose to publish or share any of your Content by creating a stream, or by creating a web service to publish the Content, then you are giving each authorized user permission to access, use, display, perform, distribute and modify your Content (subject to any commitments or agreements you may have made with such users without IconSmartHome's involvement). In addition, IconSmartHome allows you to use a variety of third party services and applications that interact with the Service and your Content, and you should review the access rights you grant to such services or applications, as you may allow them to access your Content through your agreements with those third parties.
  • Your Data and Content are portable: IconSmartHome is committed to making your data portable. That means that we will incorporate tools into our Service and Software to enable you to share or export your Data and Content to files or make it accessible via web services or APIs. All such tools will be available for as long as your account is open, subject to compliance with our Privacy Policy. If you have any problems exporting Data or Content, you may contact our Customer Service team who, using their best efforts, will attempt to resolve your request if it complies with our Privacy Policy and legal actions.

IconSmartHome's right to modify the Service:

We retain the right to, in our sole discretion, implement new elements as part of and/or ancillary to the Service and any IconSmartHome APP Software, including changes that may affect the Service's previous mode of operation. We hope that such modifications will improve the Service overall, but you may not agree with us. We also reserve the right to set certain limits on the nature or size of the storage space available to you, the number of transmissions and emails, the execution of your program code, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use the free IconSmartHome service, you will not enjoy all of the benefits offered to users of the premium IconSmartHome service. You also acknowledge that certain actions by IconSmartHome may make it difficult or impossible for you to access your Content or use the Service at certain times and/or in the same manner, for limited periods or permanently, and you agree that IconSmartHome shall have no liability or responsibility to you or to any third party for any modification, suspension or discontinuance of any part of the Service.

Storage of your Data and Content:

The IconSmartHome CLOUD Service is available worldwide, but our data processing operations are conducted in Spain. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content) over computer networks owned by IconSmartHome and by third parties based in the United Kingdom and other locations in Europe and elsewhere. Accordingly, your use of the Service will likely result in the international transmission of data, and your use of the Service constitutes your consent to allow such transmissions. IconSmartHome may change the location of its processing operations without notice to you or your consent.

In the event that your account is closed:

You may close your account with our Service at any time, for any reason (or no reason), without even notifying us. However, if you wish to deactivate your account, you must take certain specific steps, which are described in our documentation. IconSmartHome may suspend access to your account, or close your account, with or without notice to you in accordance with these Terms. Reasons for IconSmartHome to suspend or terminate your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) an extended period of inactivity (determined in IconSmartHome's sole discretion), (iii) your failure to pay any fees or other amounts owed to IconSmartHome or any third party related to your use of the Service (or any part thereof), or (vi) technical or security issues or conflicts. In most cases, if we decide to close your account, we will provide you with at least 30 days' notice at the email address you have provided to us, so that you have the opportunity to retrieve any Content stored on the IconSmartHome servers (unless we determine that we are legally prohibited from allowing you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.

Disclaimer, Copyright and Trademark Information:

IconSmartHome and the IconSmartHome logo are registered trademarks.

IconSmartHome has made every effort to ensure the accuracy and reliability of the information provided on the website or on the IconSmartHome APP. However, the information is provided without warranty. IconSmartHome does not accept any responsibility or liability for the accuracy, content, completeness or reliability of the information.

IconSmartHome stores information and transaction history on its server in order to be able to display this information to you and to be able to create efficiency statistics for your household. IconSmartHome reserves the right to pass on this information anonymously to third party companies in order to be able to create household statistics, predictive models, etc.

If you do not accept the conditions, no data will be saved on the server and you will only be able to access in local mode without being able to use these services.

Links to Third Parties:

We may include or recommend third party resources, materials and developers and/or links to third party websites and applications as part of or in connection with the Service. We have no control over such sites or developers and, accordingly, you acknowledge and agree that: (i) we are not responsible for the availability of such sites or applications, (ii) we are not responsible or liable for any content or other materials or functionality available on such sites or applications, and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.

Indemnity. You agree to keep safe and hold harmless IconSmartHome, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners from and against all claims, liabilities, damages (direct and consequential), losses and expenses (including legal and other professional fees), arising out of or in any way connected with claims by third parties relating to your use of the Service, any violation of these Terms of Service or any other action related to your use of the Service (including all actions taken in your account). In the event of such a claim, we will give notice of the claim, suit or action to the contact information we have for that account, provided that any failure to give you such notice will not eliminate or reduce your indemnification obligation hereunder.

Blog and forum:

The blog and forum service allows you to participate in blogs and forums on IconSmartHome topics.

You may also post a message on the IconSmartHome forum. You acknowledge and agree that if you submit any Content to the forum, you are solely responsible for such Content. IconSmartHome shall not be responsible or liable in any way for any such Content submitted.

You further agree that:

  • You will not submit any Content that is harassing, offensive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liability, or is otherwise illegal.
  • You will not submit any Content that is protected by intellectual property laws or privacy rights unless you own the rights thereto or have received all necessary consents. You shall be solely responsible for any infringement of copyright, trademark or other proprietary rights.
  • You will not submit any Content that contains a virus or other harmful component.
  • You will not engage in any activity that interferes with or disrupts other users' use of the Website.
  • You will not submit any Content that encourages illegal activities, or that provides advice or instructions for such illegal activities.
  • You will not make any misrepresentation, including impersonating any person or entity and pretending to be associated with any person or entity.
  • You will not use the IconSmartHome forum for commercial purposes, such as advertising any product or service, reselling, or publishing the information transmitted or posted without written consent.

IconSmartHome does not preview, monitor or edit the Content submitted to the Forums. However, IconSmartHome reserves the right to edit, limit or delete any Content in its sole discretion. Nevertheless, you are solely responsible for any Content you submit or post.

By submitting Content, by any means, to the IconSmartHome forum or blog, you grant to IconSmartHome a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, disclose, display, perform, reproduce, modify, adapt, publish, translate and distribute such Content or to incorporate such Content in any form, media, or technology now known or later developed. Furthermore, IconSmartHome shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to researching, developing, manufacturing and marketing products and other items incorporating such ideas. If you are not the owner of the Submitted Content, you warrant that you have received all necessary consents from the owner of such rights. You will indemnify IconSmartHome if any such Submitted Content infringes any such rights.

By participating in any blog or forum, you may come into contact with Content that is inaccurate, incomplete or otherwise inappropriate. You should exercise extreme caution with respect to any Content posted or transmitted on a IconSmartHome forum or blog. IconSmartHome urges you not to take any action based on any such Content. IconSmartHome shall not be responsible for the Content or the accuracy of any such information, and shall not be liable for any actions or decisions taken in reliance on such information.

In consideration of IconSmartHome's efforts to improve and enhance the Platform and its associated products and services and to respond to user suggestions, you agree to transfer such ideas, concepts, know-how or techniques to IconSmartHome without any compensation in return.

You also agree to execute any and all documents that IconSmartHome may reasonably request in connection with IconSmartHome's confirmation of ownership and your unrestricted right to use such ideas, concepts, know-how and techniques

By submitting comments to IconSmartHome by any means, whether through the blog, forum, customer suggestion box or otherwise, you are solely responsible for the content of any comments you make. You agree that any comments you submit to IconSmartHome:

  • Violate any third party rights, including but not limited to copyright, trademark, confidentiality or other personal or proprietary rights.
  • Be libelous or contain libelous or otherwise unlawful, insulting or obscene material, or constitute a misappropriation of any third party's trade secrets.
  • disparage the products or services of any third party, or contain any personal information (other than your email address and username).

High Risk Activities:

The IconSmartHome Services are not fail-safe and are not designed, manufactured or intended for use as or with online monitoring equipment in hazardous environments requiring fail-safe operation.

Force Majeure:

Neither party shall be liable for any failure or delay in performance, or for data lost in accordance with these Terms and Conditions (except for delay in the payment of money, which is due and payable hereunder), to the extent that such failure or delay is directly caused by: (i) failures of the Service, (ii) natural weather phenomena, or (iii) any other cause beyond the reasonable control of that party and occurring through no fault or negligence of that party, including, without limitation, failures of suppliers, subcontractors and carriers, or of the party in performing its obligations substantially in accordance with these Terms of Use, provided that in all such cases, as a condition of the claim of non-liability, the party experiencing the hardship shall give prompt written notice to the other party, with full details concerning the occurrence of the cause upon which it relies.

The Service is available "AS IT IS":

The Service is available "AS IT IS". YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, IconSmartHome EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) IconSmartHome DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF ITS REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (iii) ALL ERRORS IN THE SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE WILL BE DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM IconSmartHome OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IconSmartHome, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EXECUTIVES, EMPLOYEES, AGENTS AND HEIRS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVERAGE OR OTHER INTANGIBLE LOSSES (EVEN IF IconSmartHome HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) CAUSED BY: (i) THE USE OF OR INABILITY TO USE THE SERVICE, (ii) THE COST OF THE SUPPLY OF SUBSTITUTE GOODS AND SERVICES CAUSED BY ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO FROM OR THROUGH THE SERVICE, (iii) UNAUTHORISED ACCESS TO YOUR TRANSMISSIONS, CONTENT OR DATA OR THE LOSS, CORRUPTION OR ALTERATION THEREOF, (iv) STATEMENTS OR CONDUCT OF THIRD PARTIES ON OR THROUGH USE OF THE SERVICE, (v) IconSmartHome'S ACTIONS OR OMISSIONS WITH REGARD TO THE RELIABILITY OF YOUR ACCOUNT INFORMATION AND ANY CHANGES THEREIN, (vi) ITS FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORD OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, (vii) THE ACTIONS OR OMISSIONS OF THIRD PARTIES USING OR INTEGRATING WITH THE SERVICE, (viii) ANY ADVERTISED CONTENT OR YOUR USE OR PURCHASE OF ANY ADVERTISED PRODUCT OR SERVICE, (ix) TERMINATION OF YOUR ACCOUNT CONSISTENT WITH THESE TERMS AND CONDITIONS, OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations.

NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES OR LOSS CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR IMPLIED TERMS, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS, IF ANY, THAT ARE LAWFUL IN YOUR JURISDICTION APPLY TO YOU, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.