Könect Terms of Use

Document Version: 1.0

Welcome to Könect! Before you start using our service, please review and accept our Terms of Service:

Thank you for your interest in Könect! We invite you to access and use the Könect Service to enjoy a fully connected window or door with IoT potential. Please note that your registration and use of the Könect service and website are subject to your acceptance of these Terms of Service. The Könect service is offered with certain limitations and usage conditions in compliance with legal requirements. We may need to update these Terms from time to time and reserve the right to do so. Please check here for the latest information, the updated version of this agreement, and its effective date.

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

This document outlines in detail your rights regarding 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 accept these Terms, you will not have the right to access our Service remotely, meaning from outside your home. If you do not accept it, your windows and doors will only operate in local mode and will not have cloud support, thus some services will not be accessible. If you use our Service, your use will be considered as acceptance of these Terms and as 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, accept, and agree to all clauses in the Privacy Policy, including, without limitation, the use and handling of your Account Information and Content in accordance with said Privacy Policy.

Parties to this Agreement:

You are one party to this agreement. The other party is Kömmerling, a private company based in Spain with its headquarters in Fuente Álamo – Murcia, which will be referred to in these Terms of Service as “Könect,” “we,” and sometimes “us.”

The Terms and Conditions of this Agreement May Change:

It is almost certain that this Agreement may undergo changes due to updates in our Service and laws applicable to you and to us. If we make any changes, we will do our best to notify you in advance, although in certain situations, such as when a change is necessary to comply with applicable legal requirements, changes to these Terms may need to take effect immediately. We will announce changes here on our website, and we may also choose to notify you of changes by sending an email to the address you 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 discontinue use of our Service. Your continued use of the Service after the update takes effect will be considered your acceptance of the new Terms and your consent to be bound by them. Except for changes made by us as described here, no modification or amendment to these Terms will be effective unless set forth in a written agreement signed by both you and us. For clarity, emails and other communications do not constitute an effective written agreement for this purpose.

Description of the Könect Service:

The Könect CLOUD Service consists of a website and a cloud server that supports communications between your windows and doors and remote access from outside your home. Könect services and products offered by Kömmerling provide additional complementary services, such as alert notifications, thanks to the Könect CLOUD service. Könect enables users to collect, store, and share data from their devices, manage and schedule them. In exchange for allowing you to use the Service, you agree to be bound by these Terms.

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

Kömmerling does not select or filter User Data or Content, and does not review, check, confirm, approve, or verify any User Content or Data, nor the accuracy of such Data or Content. Neither these Terms and Conditions, nor your use of the Service, nor the provision of the Service by Könect, nor the access/storage/use of User Data and Content by Kömmerling will imply or create any liability on the part of Kömmerling concerning User Data provided by other users and included in the Service. Your access to the Service or any content and your use thereof is at your own risk.

The Könect CLOUD Service temporarily stores temperature, humidity, CO2, opening states, and blind states data. This allows us to provide you with a historical record of operations 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 Könect CLOUD database and will never be linked to your personal data in the same tables. All data will be identified through an alphanumeric user ID.

The Könect CLOUD Service is provided "AS IS" and "AS AVAILABLE":

You understand and agree that the Service is provided to you "AS IS" and "AS AVAILABLE". Until further notice, the Könect CLOUD Service is offered as a Beta software edition, which means that there is NO SERVICE LEVEL AGREEMENT AND NO WARRANTY OF SERVICE AVAILABILITY. Kömmerling DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Könect shall not be liable or responsible for any loss of data or other damages arising from your access to or use of the Service. You also agree that Kömmerling has no responsibility or liability for the deletion or failure to store or transmit any content maintained by the Service. Kömmerling does not warrant that the Service will meet your requirements or will be available without interruption, securely, or error-free. No advice or information obtained from Kömmerling, whether orally or in writing, shall create any warranty not expressly stated herein.

Registering as a Könect user by creating an account:

First, you need to create a Könect 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 recommend using a combination of a distinct username and password that is not obvious; ideally, they should be different from those you use for other services. You are responsible for ensuring the accuracy, integrity, and confidentiality of your Account Information and will be liable for all activities that occur in your Account, including activities by others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that someone may be able to access your private Content, you must immediately change your password and notify our Customer Support team. Additionally, Könect has no responsibility for the availability of the 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 grant you a limited, non-exclusive license to use the Service, subject to these Terms, as long as you are not denied access to the Service under any applicable law, until you voluntarily close your account or we close your account in accordance with these Terms. Furthermore, we grant you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the APP and the Könect CLOUD Service, until your rights expire in accordance with the aforementioned license and/or these Terms. You do not obtain any other rights or interests in Könect or the Service.

Your Use of Könect and Its Contents:

Your use of the Service must be in accordance with these Terms. With respect to your use of Könect, you agree to be responsible for your own conduct and all conduct in 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 aware 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 Könect.

Data Protection and User Content:

• Your Data Belongs to You: You retain your rights and any other rights to your temporary graphs collected by the devices before sending, publishing, or displaying them in the Service or through any other means. However, you must grant Könect a limited license, as described below, so that we can make your data accessible and usable in the Service. Apart from this limited license and other rights you grant in these Terms, Könect acknowledges and agrees that we do not obtain any other right, title, or interest from you over your Content under these Terms. To enable Könect to operate the Service, we must obtain certain licenses and other rights from you regarding the Content you send us, so that the processing, maintenance, storage, technical reproduction, backups, distribution, and related management of your Content do not infringe applicable copyright law and other laws. This means that by using the Service, you grant Könect the license 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 allow Könect to operate the Service. You also agree that Könect has the right to decide not to accept, publish, perform, store, display, publish, or transmit any Content anonymously without providing any user data. You agree that these copyright and license rights are royalty-free and irrevocable and worldwide (as long as your Content is hosted with us) and include Könect's right to make such Content available, also transferring these rights, to third parties with whom Könect has contractual relationships related to the provision of the Könect service, solely for the purpose of providing such services, and furthermore to allow access or display your Content to third parties if Könect determines that such access is necessary to fulfill its legal obligations. You also agree that, by accepting the terms, your non-personal information may be transferred by Könect via its APIs to other app developers so that these third-party apps can access the services of your Könect windows and doors. The rights described in these Terms do not infringe the rights of any person or third party. Finally, you understand and agree that Könect, in carrying out the technical steps necessary to provide the Service to our users, may make adjustments to your non-personal data as necessary to conform and adapt the Content to the technical requirements of connection networks, devices, services, or media.


• Your Data and Content Are Protected: The security of your data is of paramount importance to us, and we make every effort possible to keep your data safe and secure. However, we assume no responsibility for any unauthorized loss or distribution of your Content. Your privacy regarding your Content is also our primary concern, and we hope to never have to examine anyone's Content. However, there are certain circumstances in which we may need to examine your Content in whole or in part, as explained in our Privacy Policy. Except as described here and in our Privacy Policy, unless you decide to allow others to see or access the Content you send to the Service, no one else shall see your Content without your consent. Of course, if you decide to publish or share any part of your Content by creating a flow of information or by creating a web service to publish the Content, you would then be granting permission to each authorized user to access, use, display, perform, distribute, and modify your Content (subject to any commitments or agreements you may have made with such users without Könect's involvement). Additionally, Könect allows you to use a wide 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 those services or applications, as they may allow access to your Content through your agreements with those third parties.
  


• Your Data and Content Are Portable: Könect is committed to making your data portable. This means we will incorporate tools in our Service and Software to enable you to share or export your Data and Content to files or make them accessible via web services or APIs. All such tools will be available as long as your account is open, subject to compliance with our Privacy Policy. If you have any issues exporting Data or Content, you may contact our Customer Support team, who will do their utmost to resolve your request if it complies with our Privacy Policy and legal actions.

Könect's Right to Modify the Service:

We reserve the right, at our sole discretion, to implement new elements as part of and/or auxiliary to the Service and any Software of the Könect APP, including changes that may affect the previous operation of the Service. We hope that such modifications will improve the Service overall, but you may not agree with us. We also reserve the right to impose certain limits on the nature or size of the storage space you may have, the number of transmissions and email messages, the execution of your program code, your Content, and other data, and to impose other limitations at any time, with or without prior notice. For example, if you use the free Könect service, you will not enjoy all the benefits offered to users of the Könect Premium service. You also acknowledge that certain actions by Könect may hinder or prevent you from accessing your Content or using the Service at certain times and/or in the same manner, for limited periods or permanently, and you agree that Könect shall have no liability to you or any third parties for any modification, suspension, or discontinuation of any part of the Service.

Storage of Your Data and Content:

The Könect CLOUD Service is available worldwide, but our data processing operations take place in Spain. By using the Service, you acknowledge that you may be sending electronic communications (including your personal account information and your Content) through computer networks owned by Könect and third parties located in Spain and other locations in Europe and even in other countries. Consequently, your use of the Service will likely result in the international transmission of data, and your use of the Service will signify your consent to allow such transmissions. Könect may change the location of its processing operations without notifying you or obtaining your consent.

In Case Your Account is Closed:

You can close your account with our Service at any time, for any reason (or for no reason), without even notifying us. However, if you wish to deactivate your account, you must take certain specific steps, as described in our documentation. Könect may suspend access to your account or close your account, with or without prior notice, in accordance with these Terms. Reasons for Könect to suspend or close your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) a prolonged period of inactivity (determined at Könect’s sole discretion), (iii) non-payment by you of any fees or other amounts owed to Könect or third parties related to your use of the Service (or any part thereof), or (iv) conflicts or technical or security issues. In most cases, if we decide to close your account, we would notify you at least 30 days in advance at the email address you provided, so that you have the opportunity to retrieve any Content stored on Könect’s 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 recover the Content included in that account or otherwise use the Service through that account.

Disclaimer Clause, Copyright, and Trademark Information:

Könect and the Könect logo are registered trademarks. Könect has made every effort to ensure the accuracy and reliability of the information provided on the website or in the Könect app. However, the information is provided without warranties. Könect accepts no responsibility or liability for the accuracy, content, completeness, or reliability of the information. Könect stores the historical information and operations on its server to be able to show you that information and to create efficiency statistics for your home. Könect reserves the right to provide this information anonymously to third-party companies for the purpose of conducting household statistics, predictive models, etc. If you do not accept the terms, no data will be stored on the server, and access will only be available locally without the ability to use these services.

Links to Third Parties:

We may include or recommend resources, materials, and third-party developers and/or links to third-party websites and applications as part of the Service or in connection with it. We have no control over such sites or developers, and therefore 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 functionalities available on such sites or applications, and (iii) we will not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on any such content, materials, or applications. Indemnification. You agree to indemnify and hold harmless Könect, its subsidiaries, affiliates, officers, agents, employees, advertisers, and partners from and against any claims, liabilities, damages (direct and consequential), losses, and expenses (including legal fees and other professional fees) arising out of or related in any way to third-party claims related to your use of the Service, any violation of these Terms of Service, or any other actions related to your use of the Service (including all actions taken on your account). In the case of such a claim, we will notify you of the claim, demand, or action using the contact information we have for that account, provided that any failure to deliver such notice does not eliminate or reduce your obligation to indemnify under this agreement.

Blog and Forum:

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

You can also post a message in the Könect forum. You acknowledge and agree that if you submit any Content to the forum, you will be solely responsible for that Content. Könect will not be responsible in any way for such submitted Content.

Furthermore, you agree that:

• You will not submit any Content that is abusive, offensive, threatening, harmful, defamatory, or that encourages conduct that may be considered a crime or that could result in civil liability, or is illegal in any way.
• You will not submit any Content that is protected by intellectual property laws or confidentiality rights, unless you own the rights to it or have received all necessary consents. You will be solely responsible for any violation of copyright, trademark, or other property rights.
• You will not submit any Content that contains a virus or any other harmful component.
• You will not engage in any activity that interferes with or disrupts the use of the Website by other users.
• You will not submit any Content that incites illegal activities or facilitates advice or instructions regarding such illegal activities.
• You will not make any false representation, including impersonating individuals or entities and simulating your association with any person or entity.
• You will not use the Könect forum for commercial purposes, such as advertising any product or service, reselling, or publishing transmitted or posted information without written consent.

Könect does not preview, monitor, or edit the Content submitted to the Forums. However, Könect reserves the right to edit, limit, or remove any Content at its sole discretion. Nevertheless, you will be solely responsible for any Content you submit or publish.

By submitting Content, by any means, to the Könect forum or blog, you grant Könect 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 incorporate such Content into any form, medium, or technology now known or hereafter developed. Additionally, Könect will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose, including but not limited to research, development, manufacturing, and marketing of products and other items that incorporate 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 those rights. You will indemnify Könect if any of the submitted Content infringes any of those rights.

By participating in any blog or forum, you may come across Content that is inaccurate, incomplete, or inappropriate. You should be extremely cautious about any Content published or transmitted in a Könect forum or blog. Könect urges you not to take any action based on any of this content. Könect will not be responsible for the Content or the accuracy of any information, and will not be liable for any act or decision made based on such information.

In consideration of Könect's efforts to refine and improve 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 Könect without any compensation in return.

You also agree to execute all documents that Könect may reasonably request in connection with confirming Könect's ownership and its unlimited right to use such ideas, concepts, know-how, and techniques.

By submitting feedback to Könect by any means, whether through the blog, forum, customer suggestion box, or similar, you will be solely responsible for the content of any comments you make. You agree that none of the comments you submit to Könect will:

• Violate any third-party rights, including but not limited to copyright, trademark, confidentiality, or other personal or property rights.
• Be defamatory or contain defamatory or illegal, insulting, or obscene materials, or constitute an appropriation of third-party trade secrets.
• Disparage third-party products or services, nor contain any personal information (other than your email address and username).

High-Risk Activities:

The Könect Services are not fail-safe and have not been designed, manufactured, or conceived for use as or with online control equipment in hazardous environments that require fail-safe operation.

Force Majeure:

No party shall be liable for any failure or delay in performance, or for lost data under these Terms and Conditions (excluding delays in the payment of money that is due and payable under this agreement), to the extent that such failures or delays are directly caused by: (i) service failures, (ii) natural weather phenomena, or (iii) any other cause beyond the reasonable control of that party and occurring without its fault or negligence, including, without limitation, failures of suppliers, subcontractors, and carriers, or that party's substantial failure to perform its obligations under these Terms of Use, provided that in all such cases, as a condition of the claim of non-liability, the party experiencing the difficulties promptly notifies the other party in writing, with all details regarding the event of the cause upon which the claim is based.

The Service is provided "AS IS":

The Service is provided "AS IS." YOU UNDERSTAND AND EXPRESSLY AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Könect EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (b) Könect DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL YOUR 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 OBTAINED IN ANY OTHER WAY THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICES OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Könect OR THE SERVICE OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability:

YOU UNDERSTAND AND EXPRESSLY AGREE THAT Könect, ITS SUBSIDIARIES, AFFILIATES, AND LICENSEES, 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 Könect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) CAUSED BY: (i) THE USE OR INABILITY TO USE THE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (iii) UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS, CONTENT, OR DATA OR THE LOSS, CORRUPTION, OR ALTERATION OF SAME, (iv) STATEMENTS OR CONDUCT OF THIRD PARTIES IN OR THROUGH THE USE OF THE SERVICE, (v) Könect'S ACTIONS OR OMISSIONS REGARDING THE RELIABILITY OF YOUR ACCOUNT INFORMATION AND ANY CHANGES TO IT, (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORD OR ACCESS RIGHT TO YOUR ACCOUNT INFORMATION, (vii) THE ACTIONS OR OMISSIONS OF THIRD PARTIES USING OR INTEGRATING WITH THE SERVICE, (viii) ANY ADVERTISING CONTENT OR YOUR USE OR ACQUISITION OF ANY ADVERTISED PRODUCT OR SERVICE, (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE 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 THAT CANNOT BE EXCLUDED OR LIMITED LEGALLY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES OR LOSSES CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, ONLY THOSE LIMITATIONS THAT ARE LEGAL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.