Industrias Royal Termic, S.L. and its subsidiaries and affiliates (collectively, “Rointe”) provides:
(1) a Rointe user account with which you can access www.rointeconnect.com (“Website”), (2) the services accessible through the Websites (“Web Applications”), (3) software that can be downloaded to your smartphone or tablet to access the services (“Mobile Apps”) and (4) subscription services, including services that can or may in the future be accessed using the Web Applications and Mobile Apps (“Subscription Services”), for use in combination with Rointe Delta Ultimate products (“Products”) and in other ways that Rointe provides. The use and/or integration of Rointe’s Products and/or Services by third party services without Rointe’s express consent is strictly prohibited. The term “Services” means the Websites, Applications, mobile applications and subscription services.
These Terms of Service (“Terms”) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights as well, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under these Terms shall not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so the provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. By accessing and using the services (including the sites), YOU AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT,
authority and capacity to accept AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. You represent that you are of sufficient legal age, JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES IN THIS AGREEMENT. IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU MUST DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (as described below) and DISCONTINUE ACCESSING OR USING THE SERVICES.
AS DESCRIBED BELOW, YOU AGREE TO THE AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND PRODUCTS RELATED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
AS DESCRIBED BELOW, SECTIONS 4 and 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, PARTICULARLY REGARDING LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE PROVISIONS CAREFULLY, ACKNOWLEDGING AND ACCEPTING THEM ON YOUR PART.
1. General, eligibility, customer service, term and termination
(b) Eligibility. You may use the Services only if you are able to enter into a binding contract with Rointe and only if you comply with these Terms and all applicable local, state or provincial, national and international laws, rules and regulations. Use of or access to these Services by anyone under the age of 18 is strictly prohibited and in violation of these Terms. The Services are not available to any user who has previously been prohibited from using the Services by Rointe.
(c) Customer Service. If you have questions or concerns regarding the Products, the Services or these Terms, please contact Rointe.
(d) Term and Termination. These Terms will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Rointe may (i) suspend or terminate your rights to access or use the Services or (ii) terminate these Terms with respect to you if Rointe believes in good faith that you have used the Services in violation of these Terms, including any embedded guidelines, conditions or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product is automatically terminated and the new owner will not have the right to use the Product or the Services with your Account (as described below) and will have to register for a different Rointe Account.
(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that:
(a) all required information submitted by you will be truthful and accurate;
(b) you will maintain the accuracy of that information; and
(c) your use of the Services will not violate any laws or regulations of the Kingdom of Spain or any other applicable laws or regulations (e.g., you are not located in an embargoed country and you are not prohibited or restricted under any applicable export control laws and regulations). You are fully responsible for maintaining the confidentiality of your Account access information and all activities that occur under your Account. You agree to use “strong” passwords (passwords that have a combination of upper- and lower-case letters, numbers and symbols) with your Account and to keep your password secure in order to prevent others from gaining access without your permission. You agree to immediately notify Rointe of any unauthorized use (or suspected unauthorized use) of your Account or any other breach of security. Rointe will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Access to Services
(a) Access and Use. Subject to these Terms, Rointe grants You a non-transferable, non-exclusive right (without the right to grant sublicenses) to access and use the Services (i) through the Web Applications solely for the purpose of controlling and monitoring Products installed on Your property or otherwise accessing the Service in a manner explicitly provided by Rointe for Your use (the “Permitted Purpose”), (ii) by installing and using Mobile Device Applications solely on Your own mobile device (e.g., iPhone, iPad, or Android smartphone) and only for the Permitted Purpose and (iii) if separately authorized.
(b) Automatic Software Updates. From time to time, Rointe may develop revisions, bug fixes, updates, upgrades, enhancements and other modifications to improve the performance of the Services or Product software (“Updates”). These may be installed automatically without notice and without receiving any additional consent. You consent to this automatic updating. If you do not want these Updates, your remedy is to close your Account and stop using the Services and the Product. If you do not close a previously created Account, you will receive Updates automatically. You acknowledge that you may need to install Updates to use the Services and the Product and agree to promptly install any Updates provided by Rointe. Your continued use
of the Services and the Product constitutes your acceptance of (i) these Terms with respect to the Services and (ii) the End User License Agreement with respect to the Upgraded Product Software.
(d) There are certain materials that may be displayed or presented on the Services (including, without limitation, text, graphics, articles, photographs, video, images and illustrations (“Content”). Content includes information that you and other users provide to us in the course of using the Services (collectively, “User Submissions”), which may be used to provide, maintain or improve the Services. Some content may be visible to others (for example, the Service allows you to upload, post or otherwise share video content). You may also post reviews, comments, questions or other information on the Websites. You are solely responsible for all Content that you upload, post, email, transmit or otherwise disclose through or in connection with the Services, or that you otherwise contribute to the Services; you represent and warrant that you have all necessary rights to do so in the manner in which you contribute it; and you grant Rointe a license to all patent, trademark, trade secret, copyright or other proprietary rights in and to the Content to post on the Service in accordance with these Terms of Service. You will abide by all copyright notices, trademark rules, information and restrictions contained in any Content you access through the Services and will not use, copy, reproduce, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, submit, upload, display, license, sell or otherwise exploit, for any purpose whatsoever, any Content or third-party submissions or other proprietary rights that you do not own: (i) without the express prior written consent of their respective owners and (ii) in any manner that infringes the rights of third parties. Rointe reserves the right to remove any Content from the Services at any time, for any reason (including, without limitation, upon receipt of claims or allegations from third parties or authorities regarding such Content or if we are concerned that you may have infringed as set forth in the preceding sentence) or for no reason at all.
any. (e) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivativeworks, disassemble, decompile or reverse engineer any part of the Services; (iii) you agree not to access the Services to create a similar or competing service; (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (v) you agree not to upload, transmit or distribute any computer virus or worm or any software intended to damage or disrupt any computer or communication network, computer, mobile device, data, the Services, the Product, the Product Software or any other system, device or property; (vi) you agree not to interfere with or disrupt or attempt to gain unauthorized access to servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface provided by Rointe; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) that may be contained in or displayed in connection with the Services. Any future releases, updates or other additions to the features of the Services shall be subject to these Terms.
(f) Open Source. Certain independent third-party code elements may be included in Web Applications or Mobile Device Applications that are subject to the GNU General Public License (“GPL”) or other open-source licenses (“Open Source Software”). The Open-Source Software is licensed in accordance with the terms of the license accompanying such Open-Source Software. Nothing in these Terms limits your rights under, or grants you rights in lieu of, the terms and conditions of any applicable end user license applicable to such Open-Source Software. In particular, nothing in these Terms restricts your right to copy, modify and distribute the Open-Source Software that is subject to the terms of the GPL.
(g) Privacy Statement. Please review the Privacy Statement. The Privacy Statement describes practices regarding information Rointe may collect from users of the Products and Services, including any User Content or Submissions.
(h) Security. Rointe is concerned about the integrity and security of your personal information. However, Rointe cannot guarantee that unauthorized third parties will never breach our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(i) Modification. Rointe reserves the right to modify, suspend or discontinue the Services or any part thereof at any time with or without notice. You agree that Rointe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
(j) Access Outside Certain Countries. While the Sites may be accessed from around the world, the Products and Services provided or accessed through the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside of a country in which Rointe provides the Products and Services listed here (“Destination Country”), you do so on your own initiative and are solely responsible for compliance with applicable local laws in your country. You understand and agree that the Sites are not intended for use outside of the Destination Countries and some or all of the features of the Sites may not function or be appropriate for other countries. To the extent permitted by law, Rointe accepts no liability or responsibility for any damage or loss suffered by you in accessing or using the Sites or Rointe Products outside the Target Countries. You will be subject to these Terms wherever you access or use the Sites or use the Services.
4. Agreed Use and Limitations of Rointe’s Services
(a) Intended Use of Rointe’s Services. The Services are intended to be accessed and used to obtain non-urgent information and monitor Rointe products. While we aim for the Services to be highly reliable and have high availability, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons that are beyond Rointe’s control, including intermittent Wi-Fi connection, service provider and carrier uptime and notifications, among others. You acknowledge these limitations and agree that Rointe is not liable for any damages or injury allegedly caused by the failure or delay of the Services to reflect current status or notifications.
(b) The Services are not for personal safety or critical uses. You acknowledge and agree that the Products and Services, whether used independently or in connection with third party products or services are not certified for emergency response. Rointe does not warrant or represent that the use of the Products or Services with any third-party products or services will affect or increase the level of safety.
(c) Reliability of notices. (c) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable or 100% available. We cannot and do not guarantee or warrant that you will receive notifications at any given time or at any time. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR PERSONAL SECURITY OR CRITICAL PURPOSES. NOTIFICATIONS TO MOBILE DEVICES REGARDING STATUS AND ALARMS ON YOUR ROINTE PRODUCTS ARE PROVIDED FOR INFORMATION PURPOSES ONLY: THEY DO NOT REPLACE A THIRD PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. Information provided by Rointe regarding what to do in an emergency is based on authorized security sources, but there is no way for Rointe to provide specific information regarding a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to do so according to the specifics of your situation.
(d) Temporary Suspension. The Services may be temporarily suspended without notice for security, system failures, maintenance and repair issues or other circumstances. You agree that you will not be entitled to any refund or reimbursement for such suspensions. Rointe makes no uptime guarantees in connection with the Services.
(e) System Requirements. The Services will not be available without the following: (i) a working Wi-Fi network in your home that is located so as to reliably communicate with the Products; (ii) an Account; (iii) mobile clients such as a compatible phone or tablet (required for some features);
(iv) always-on broadband Internet access in your home; and (v) such other system elements as may be specified by Rointe. You are responsible for ensuring that you have all required system elements and that they are compatible and properly configured. You agree that the Services may not function as described if the requirements are not met or there are incompatibilities. You further agree that Rointe may enable Bluetooth on your smartphone or tablet, with or without notice, in order to facilitate proper operation of the Services, enable communication with Rointe Products connected to the same Rointe account, and enable certain features.
(f) Energy Savings and Other Benefits. Unless you are explicitly promised a “guarantee,” Rointe does not warrant or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any features thereof. Actual energy savings and economic benefits may vary with factors beyond Rointe’s control or knowledge. From time to time, Rointe
may use the Services to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills if you adopt the suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your family. You acknowledge that these promotions are not a guarantee of actual savings and agree not to seek monetary or other compensation from Rointe if your savings are different.
(g) The Services provide you with information (“Product Information”) regarding your Household Products and their connection to other products and services. All Product Information is provided on an “as is” and “as available” basis. We cannot guarantee that it is correct or up to date. Where critical, access to Product Information through the Services is not a substitute for direct access to the information in your home.
(h) All information posted publicly or transmitted privately through the Services is the sole responsibility of the person from whom such Content originated and Rointe shall not be responsible for any errors or omissions in any Content. Rointe cannot guarantee the identity of any other user with whom you may interact while using the Services. In addition, we cannot guarantee the authenticity of any informationthat users or merchants provide about themselves. You acknowledge that any content you access through the Services is at your own risk and that you will be solely responsible for any loss or damage and damages against any party arising therefrom. We cannot control and have no duty to take any action with respect to how you may interpret and use the Content or what action you may take as a result of being exposed to the Content and you hereby release us from any and all liability for whether or not you have acquired Content through the Services.
(i) You warrant, represent and agree that You will not contribute any Content or otherwise use the Services in any manner that (i) infringes or violates the intellectual property or proprietary rights, rights of publicity or privacy or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable; (iv) involves impersonation of any person or entity, including, without limitation, any person or representative of Rointe; (v) contains a virus, Trojan horse, worm, time bomb or other code that may be harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable; (iv) involves impersonation of any person or entity, including, without limitation, any person or representative of Rointe; (v) contains a virus, Trojan horse, worm, time bomb or other harmful computer code, file or program; (vi) compromises the security of your Rointe Account or the Account of any other person (such as allowing another personto access the Services as if it were you; (vii) attempt in any way to obtain another user’s password, account or other security information; (viii) breach the security of any computer network or obtain by hacking any password or security encryption code; (ix) run a mailing list, Listserv or any other form of automated mail responder or “spam” on the Services or any process that otherwise interferes with the proper working of the Services (including placing an unacceptable load on the infrastructure of the Services); (x) copy or store an y part of the Content; or (xi) decompile, reverse engineer or otherwise attempt to obtain the source code or ideas or information underlying or related to the Services.
(j) Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Products and Services. You agree that you (and not Rointe) are responsible for ensuring that you comply with applicable laws when using the Products and Services, including, without limitation, (i) laws relating to the recording or broadcasting of video or audio content that includes third parties, or (ii) laws requiring notice to or consent of third parties regarding your use.
5. Limitations on Rointe’s Services due to third parties.
(a) General. The Rointe Services depend on or interact with third party products and services. These third-party products and services are beyond Rointe’s control, but their operation may impact or may be affected by your use and reliability of the Rointe Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time and may affect the way Rointe’s Services operate, and (iii) Rointe is not liable for any damages or losses due to the operation of these third-party products and services.
(b) Third Party Service Providers Used by Rointe. You acknowledge that Rointe uses third party service providers to enable certain aspects of the Services, such as data storage, synchronization and communication through Amazon Web Services, and notifications to mobile devices through mobile carriers and mobile operating system providers. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY PERSONAL SECURITY PURPOSES OR FOR TIME-CRITICAL OCCASIONS.
(c) Equipment, ISP and Carrier. You agree that the availability of the Services depends on (i) your computer, your mobile device, your home wiring, your home Wi-Fi network, Bluetooth connection and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”) and (iii) your device’s wireless carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and the Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of service and other policies of your ISP and Carrier.
(d) Third Party Products and Services that work with the Works with Rointe Services. Rointe may provide you with the opportunity to connect the Products and Services with third party products and services, for example, through the Works with Rointe platform. Although the Works with Rointe platform is offered by Rointe, you acknowledge that the Third-Party Products and Services that you connect to your account are not Rointe products and services and you acknowledge and agree that Rointe does not control them and that these Terms do not apply to Third Party Products and Services. Use of Third-Party Products and Services is governed by separate terms and conditions provided by the operators of the Third-Party Products and Services. You acknowledge and agree that Rointe does not represent or warrant the safety of any Third-Party Products or services. Therefore, Rointe is not responsible for your use of any Third-Party Products or services or for any personal injury, death, property damage (including, without limitation, to your home) or other damages or losses arising out of or relating to your use of Third-Party Products or services. If you have questions about a third party’s Products and services, you should contact the third party in question.
(e) App Stores. You acknowledge and agree that the availability of the Mobile Applications depends on the third-party websites from which you download the Mobile Applications, e.g., Apple’s App Store or Google’s Android App Market (each an “App Store”). You acknowledge that these Terms are between you and Rointe and not with an App Store. Each App Store may have its own terms and conditions that you must agree to before downloading Apps for mobile devices from there. You agree to comply with those terms and your license to use Mobile Device Applications is conditioned on your compliance with the App Store’s terms. To the extent that the terms of such App Store are less restrictive or conflict with these Terms, the more restrictive or conflicting terms of these Terms will apply.
(f) Links and References to Third Party Websites. The Sites may contain links to other websites operated by third parties (“Third Party Sites”) and references to third party providers (“Referring Providers”). These Third Party Sites and Referring Providers are not under our control. Rointe provides these links and referrals for convenience only and does not review, approve, monitor, endorse, warrant, guarantee or make any representations with respect to such Third Party Sites or Referring Providers. Your use of these Third Party Sites is at your own risk.
(g) Third Party Disclaimer. Rointe is not responsible for any third parties or their products and services, including, without limitation, Application Stores, Third Party Products and services, Third Party Sites, Referring Vendors, Equipment, ISPs and Carriers. Rointe hereby disclaims liability and you hereby release, discharge and hold harmless Rointe and its licensors and suppliers from any and all claims, liabilities and future damages, known or unknown, arising out of or relating to your interactions with third parties and their products and services.
6. Possession and intellectual property
(a) Rointe Property. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets in the Product, Product Software and Services (i.e., the Sites, Web Applications and Mobile Applications) are owned by Rointe or its affiliates or our licensors. Your possession, access and use of the Product, Product Software and Services does not transfer to you or any third party any right, title or interest in those intellectual property rights. Rointe and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. Under these Terms, the Services are not sold to you but are licensed to you.
(b) Feedback. On your own initiative or at Rointe’s invitation, you may choose to submit comments, suggestions or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting Ideas, you agree that your submissions are voluntary, free, unsolicited and unrestricted and will not place Rointe under any fiduciary or other obligation. Rointe may use, copy, modify, publish or redistribute the submission and its contents for any purpose and in any manner, without compensation to you. You also agree that Rointe does not waive any right to use similar or related ideas previously known to Rointe, developed by its employees or obtained from other sources.
(c) User Submissions. You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to access, display or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing the Services to you and as you direct. In addition, you grant and will grant to each user of the Services a non-exclusive license to access and use your User Submissions through the Services, as permitted through the functionality of the Services and under these Terms. In addition, you understand that we retain the right to reformat, modify, create derivative works, excerpt and translate any User Submissions you submit. For clarification, the foregoing license granted to Rointe does not affect your ownership or right to grant additional licenses relating to the material in your User Submissions, unless otherwise agreed in writing.
You agree to defend, indemnify and hold harmless Rointe and its licensors and suppliers from any damages, liabilities, claims or demands (including legal fees and costs) made by any third party arising out of or relating to (i) your use of the Products or Services, (ii) your breach of these Terms, (iii) User Submissions or Comments made by you; or (iv) your violation of any law or the rights of any third party. Rointe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rointe, and you agree to cooperate with our defense of such claims. You agree not to assert any such claim without Rointe’s prior written consent. Rointe will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Exclusions of warranties
(a) THE WARRANTIES FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND END USER LICENSE AGREEMENT, RESPECTIVELY.
(b) THE SERVICES (THAT IS, THE SITES, THE WEB APPLICATIONS AND THE MOBILE DEVICE APPLICATIONS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ROINTE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON- INFRINGEMENT.
(c) NEITHER ROINTE NOR OUR LICENSORS NOR OUR SUPPLIERS WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) MEET YOUR REQUIREMENTS; (II) ARE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) ARE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) ARE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROINTE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(d) ROINTE DOES NOT PROMOTE, ENDORSE, WARRANT OR ASSUME ANY LIABILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH THE WORKS WITH ROINTE PLATFORM) OR ANY HYPERLINKED WEBSITE OR SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS AND SERVICES.
(e) WHEN YOU INSTALL, CONFIGURE OR USE PRODUCTS AND SERVICES SUPPLIED BY ROINTE, YOU ARE GIVEN THE OPPORTUNITY TO CHANGE PRESET PARAMETERS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE MAY CAUSE DAMAGE OR LEAD TO NON- RECOMMENDED OPERATION OF YOUR EQUIPMENT OR CONNECTED SYSTEMS. YOU ASSUME ALL RESPONSIBILITY FOR SUCH DAMAGE WHEN YOU CHOOSE A PARTICULAR CONFIGURATION OR SET OR ADJUST DEFAULT SETTINGS.
(f) ROINTE MAKES NO REPRESENTATIONS ABOUT ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE SERVICES AND IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF THE MATERIAL CONTAINED ON OR ACCESSED THROUGH THE SERVICES. ROINTE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY SUGGESTIONS OR RECOMMENDATIONS FOR SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
9. Limitation of liability
Nothing in these Terms and in particular in this “Limitation of Liability” clause shall purport to exclude any liability that cannot be excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE FOREGOING EXCLUSIONS OF WARRANTIES, IN NO EVENT (A) SHALL ROINTE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR SERVICES, EVEN IF ROINTE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, NOR (B) ROINTE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES AND PRODUCTS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ROINTE OR A ROINTE AUTHORIZED RESELLER FOR THE SERVICES OR PRODUCT IN QUESTION IN THE PRECEDING 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND SHALL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ROINTE EXCLUDES ALL LIABILITY OF ANY KIND ON THE PART OF ROINTE’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES SHALL ROINTE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGES OF ANY KIND SUFFERED IN CONNECTION WITH THE USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
10. Fees and payment
Certain Services may be provided for a fee. You will pay all applicable fees in connection with the Services you select in accordance with the Terms of Sale.
11. Disputes and Arbitration
(a) First contact Rointe. If a dispute arises between you and Rointe, our goal is to inquire about it and respond to your concerns. You agree that you will notify Rointe of any dispute you have with Rointe regarding these Terms or our Products or Services by contacting Rointe.
(b) Binding Arbitration. You and Rointe agree, subject to Section 11 (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, controversy, action, cause of action, issue or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration in lieu of filing suit in any forum other than as set forth in this section. Further, you agree that the arbitration is final and binding and subject only to very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or any judicial authority, so long as such waiver is validly made. This provision shall be broadly construed to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to clause 11© (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or by us against you arising out of or relating to these Terms or your use of the Services (whether in contract, tort, statute, fraud, misrepresentation or other legal principle) shall be settled by binding arbitration, unless you take your claims to the conciliation court if they qualify for a hearing in that court.
(c) Arbitration Procedures. First, you must submit any claim or dispute to us by contacting Rointe to give us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after you file the claim or dispute with Rointe. Rointe may request arbitration against you at any time after it has given you notice of the claim or dispute pursuant to clause 11(f) (Notices). Any arbitration shall take place in Murcia, Región de Murcia, Spain and shall be conducted in Spanish. Claims will be heard by a single arbitrator. The arbitrator may not award damages in excess of or inconsistent with this Agreement, order class or representative class action or arbitration, award punitive or consequential damages or other damages beyond the prevailing party’s actual damages, or other injunctive or declaratory relief, unless the arbitrator individually fixes statutorily required damages and orders injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor Rointe nor the arbitrator may disclose the existence, content or results of any arbitration, except as required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. If a court determines that any part of this arbitration clause is unenforceable or void, the remainder shall remain in effect.
(d) Exclusion of Class Actions. There shall be no right or authority for any claim subject to this arbitration clause to be arbitrated in a class or collective action or involving claims brought purportedly on behalf of the general public (including, without limitation, a class action).
(e) Fees and Expenses. All administrative fees and expenses of the arbitration shall be divided equally between you and Rointe. Each party shall bear the expenses of its own counsel, experts, witnesses, and the preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT ROINTE WITHIN FOURTEEN (14) CALENDAR DAYS OF THE DATE OF THE EVENT OR FACTS GIVING RISE TO THE DISPUTE. OTHERWISE, YOU WAIVE THE RIGHT TO INITIATE ANY CLAIM FOR THE EVENT, FACTS OR DISPUTE.
(a) Changes to these Terms. Rointe reserves the right to make changes to these Terms. We will post notices of modifications to these Terms on this page. When you use the Services, you must ensure that you have read and agree to our most recent Terms. If you continue to use the Services after notice of such changes, we will consider that you acknowledge those changes and agree to be bound by the modified Terms.
(b) Applicable Law. The courts of some countries will not apply the law of the Kingdom of Spain to some types of disputes. If you reside in one of those countries where the application of the law of the Kingdom of Spain is excluded, the laws of your country will apply to disputes relating to these Terms. Otherwise, you agree to these Terms, and any claim, dispute, action, cause of action, issue or request for relief arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of the Kingdom of Spain, without application of the principles relating to conflicts of law that would result from the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the appropriate state courts located in Murcia, Región de Murcia, for the purpose of litigating such claims or disputes, unless such claims or disputes are required to be submitted to arbitration as set forth in a preceding section.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Rointe may seek injunctive or other relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement and Severability. These Terms constitute the entire agreement between you and Rointe with respect to your use of the Services. Rointe’s failure to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is held, for any reason, to be invalid or unenforceable, the remaining provisions of these Terms shall remain intact and the invalid or unenforceable provision shall be deemed modified to be valid and enforceable to the fullest extent permitted by law. Neither party is an agent or partner of the other party.
(e) Survival. The obligations of Sections 3(d), 4, 6, 7, 8, 9, 11, and 13 shall survive any expiration or termination of these Terms.
(f) Assignment. You may not assign or otherwise transfer these Terms and any associated rights or obligations without Rointe’s prior written consent. Rointe may assign these Terms without restriction. These Terms are binding on any permitted assignee.
(g) Notices. Rointe may send you notices as required by law or for marketing or other purposes by email to the primary email address associated with your Account, mobile notifications, hard copy or posting of such notice (at your option) on www.rointe.com. Rointe is not responsible for any automatic filtering that you or your network provider applies to email notifications. Rointe recommends that you add @rointe.com email addresses to your email address book to help ensure that you receive email notifications from Rointe.
(h) Information disclosed. Consult Rointe’s address here. Address: Parcela 43, Polígono Industrial Vicente Antolinos, Santomera, 30140, Region de Murcia, Kingdom of Spain, or by phone at (+0034) 968 864 363.
(i) Copyright/Trademark Information. Copyright © 2015, Rointe, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Rointe or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Rointe or such respective holders. Rointe reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
13. Protection of personal data
14. Statistics (E-Fficiency)
The consumption measurements have been performed in tests carried out by independent laboratories under stable, controlled conditions and with a percentage of variability in the result. The value shown in the measurement may differ depending on conditions such as the state of the network or other values. Rointe is not responsible for these variations affecting the result. To ensure a correct measurement there must be connection to the internet and the mains at all times, as a simple disconnection, however minimal it may be, may lead to erroneous results.
WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR DATA?
•PERSON RESPONSIBLE FOR THE TREATMENT of your data is: INDUSTRIAS ROYAL TERMIC, S.L.
•VAT NUMBER: B30537211
•Postal Address: Pol. Ind. Vicente Antolinos C/E Parcela 43, 30140, Santomera, MURCIA
•E-mail: [email protected]
WHAT TYPE OF DATA DO WE PROCESS?
Depending on the products, services or functionalities that you want to enjoy at any given time, we will need to treat some data or others. In general, such data will be, depending on the case, the following:
•Your identification data (For example: Your first name, last name, language, country from which you interact with us, contact details, etc.)
•Connection, geolocation and navigation data (if allowed on your device).
•Data about your tastes and preferences.Remember that, when we ask you to fill in your personal data to give you access to some functionality or service of the APP, we will mark some fields as mandatory, since they are data that we need to be able to provide you with the service or give you access to the functionality in question.
Please note that if you choose not to provide us with this information, you may not be able to complete your user registration or enjoy these services or functionalities.
FOR WHAT PURPOSE DO WE PROCESS YOUR PERSONAL DATA?
Depending on how you interact with our APP, we will process your personal data for the following purposes:
1.To provide PPP services
We only process personal data that is strictly necessary to manage the services of the app.
We use your geolocation, if you provide it to us, to estimate the location of your facility and offer you a better service based on the temperature in your region.
3.Google Assistant and Google Assistant
•Account linking: In order to use the functions of Google Assistant and Google Assistant, you must be registered as a Google user. To this end, as the data controller, we will request a series of personal data through a registration form. These data will be processed in order to allow the correct management and use of its functionalities. Also, the company may process your data in order to contact Registered Users in the event of any kind of incident, and may collect new data or confirm the data already collected when necessary for the fulfillment of the corresponding contract, for fraud prevention or for conducting surveys on the quality of products and services.
•Use of the functionalities: no personal information needs to be collected and no usage data is stored by Rointe.
WHAT IS THE LEGITIMACY FOR THE PROCESSING OF YOUR DATA?
The legal basis that allows us to process your personal data also depends on the purpose for which we process them, thus we will find different legal bases under the following purposes:
1. APP Services.
The legal basis for the processing of your data is the informed consent for your registration as a user, which implies the acceptance of these conditions by the person concerned.
The legitimate basis for processing your data for geolocation purposes is your consent.
3. Google Assistant and Google Assistant
The basis of legitimacy is consent to link your account with Google Assistant and Google Assistant.
HOW LONG WILL WE KEEP YOUR DATA?
1. APP Services
We will process your data for as long as you are a user.
We will treat your data as long as your location appears in the APP.
3. Google Assistant and Google Assistant
We will treat your data while you use the applications.
WILL WE SHARE YOUR DATA WITH THIRD PARTIES?
•Technology service providers
•In case you use Google Assistant and/or Google Assistant, you will link your Rointe Connect account with it, so that Google can have access to your personal data contained in our APP. You can find more information here.
WHAT ARE YOUR RIGHTS WHEN YOU PROVIDE US WITH YOUR DATA?
We are committed to respecting the confidentiality of your personal data and to guaranteeing you the exercise of your rights.
You may exercise them at no cost by sending us an e-mail to our address [email protected], simply indicating the reason for your request and the right you wish to exercise.
If we deem it necessary to identify you, we may ask you for a copy of a document proving your identity. In particular, regardless of the purpose or legal basis under which we process your data, you have the right to:
Ask us for access to the information we have about you.
Ask us to rectify data already in our possession. Please note that by actively providing us with your personal information by any means, you warrant that it is true and accurate and you agree to notify us of any changes or modifications to it.
Ask us to delete your data to the extent that they are no longer necessary for the purpose for which we need to process them as we have previously informed you, or that we no longer have the legitimacy to do so.
Ask us to restrict the processing of your data, which means that in certain cases you may ask us to temporarily suspend the processing of your data or to keep it longer than necessary when you may need it. If you have provided us with your consent to the processing of your data for any purpose, you also have the right to withdraw your consent at any time.
Moreover, when the processing of your data is based on our legitimate interest, you also have the right to object to the processing of your data.
Finally, we inform you of your right to lodge a complaint with the relevant data protection supervisory authority, in particular with the Spanish Data Protection Agency https://www.agpd.es/portalwebAGPD/index-ides-idphp.php.