Art 1. Purpose of Contract

1.1 These terms of use (hereinafter Terms) regulate the use of the mobile app known as Irsap Now (hereinafter App) and all updates to same.

1.2 The aforementioned app consist of a mobile app/software that can be downloaded by the Customer (hereinafter User) to a smartphone, tablet or smartwatch, and which allows remote activation of NOW 2.0 devices, according to the functions and requirements of the system specified in the manual. The App and manual can be downloaded at the following link: https//now.irsap.com;

1.3 These Terms define and regulate the contractual agreement between Irsap spa, with headquarters in Arquà Polesine (RO) at via delle Industrie 211 (hereinafter Supplier), the subject which devised and developed the App and which therefore, is the exclusive holder of all rights to same, and the end User who, following registration, may use the above service free of charge.

1.4 In any case, the User is considered to be unique and solely responsible for use of the App.

1.5 With the acceptance of these conditions, the User declares, under their own full and exclusive personal responsibility, that they are contractually capable and of legal age.

1.6 By registering the App, the User unconditionally accepts and undertakes to comply with these Conditions, stating that they have read and understood same.

1.7 For the purposes of these Terms, Customer/User is understood as being the subject qualifiable as the consumer, pursuant to Lgs. Decree 206 of 2003 (Consumer Code), i.e., the natural person acting for purposes other than the entrepreneurial, business, artisanal or professional activity performed.

Art 2. Method of use

2.1 Once the App has been downloaded, the user, for full use of same, must register by entering first and family names, email address and password.

2.2 It is also possible to use the “trial” mode, which does not required registration beforehand.

2.3 Registered users have the possibility to use the services made available by the App and which represent the IRSAP NOW system (hereinafter System), which makes it possible to manage and monitor the temperatures in rooms in the home (e.g., kitchen, living room, bathroom, bedroom, etc.), by enabling the NOW 2.0 devices previously purchased by the User and installed in the home of same, to be operated from a distance.

2.4 The use of the App and System will also involve storage, in anonymised form, the following data: approximate position of the systems (Nation/Post code), exact position of the systems, if requested by the User (Street, Town, Postcode, Country), current status of the systems, operating statistics for systems and terminal use data.

Art. 3 Supplier's rights and duties

3.1 The Supplier reserves the right to retain the user’s search history.

3.2 The Supplier guarantees the App’s compatibility with the operating systems iOS and Android; the Supplier also declares that they have the certification required by the companies that own the market stores, i.e, Apple and Google.

Art. 4 User's rights and duties

4.1 The User guarantees that only the User and/or persons authorised by same will have access to and/or use the App. The User is obliged to keep the App’s credentials confidential at all times.

4.2 If the User should become aware of the risk that unauthorised third parties have obtained or will obtain knowledge of the App’s credentials or if they know of any other access or use that is unlawful, improper, contrary to or extraneous to this relationship, or which is otherwise not authorised of the App, the Supplier must be immediately informed of same.

4.3 All other use of the App is prohibited, including the collection of data or other interactions on data, the provision of services to third parties, which are outside the scope for which they were made available, unless otherwise expressed by the Supplier.

4.4 The User cannot claim or oppose any right arising from any variations (whether higher or lower) between actual figures and those detected by the App. The User cannot use the consumption data made available via the App to dispute energy bills from a supplier or network administrator, or as an alternative measurement method to an energy meter.

4.5 The User cannot promote, enable, support, commission or implement activities consisting of reverse engineering, decompilation, change or derivation of products or functions from the App.

4.6 The User is strictly prohibited from using the App to carry out unlawful and/or illegal activities.

4.7 The Supplier cannot be considered liable in any way for unlawful conduct on the part of the User and reserves the right to block access to the App, deleting the user’s registration.

4.8 The aforementioned conduct, including in terms of mere attempts and in any case aiming to breach copyright, trademarks, or other intellectual/industrial property rights or data protection rights of third parties, are strictly prohibited and will constitute serious breach of this agreement.

4.9 In the event that the User should act in one of the prohibited manners described above, the Supplier reserves the right to suspend access to the App, and to give prompt communication to the competent authorities in order to prevent the spread of unlawful conduct in order to protect its own rights and those of third parties.

4.10 The User undertakes to comply with the policies imposed, including on the subject of privacy, by the social networks used for access to the App. The Supplier cannot be held liable in any way for any breach or failure to comply with the above policies by the User.

Art. 5 Intellectual Property Rights

5.1 The Supplier is the sole owner of the App, the logo, interactive functions, design, script and related or connected graphics.

5.2 The App (and all updates), operating interface, interactive functions, design, script and related or connected graphics, are the intellectual property of the Supplier and are protected by industrial and intellectual property rights, and by the regulations contained in international treatises and Italian copyright law.

5.3 The registered User can use the App according to the registered user’s non-exclusive and non-transferable/non sub licensable licence granted by the Supplier, for the duration limited to the period of registration.

5.4 This licence does not include any distinguishing marks in the App interface, the use of which is prohibited to the User.

Art. 6 System requirements

6.1 The User is obliged to guarantee all system requirements specified in the manual as per point 1.2 are available and correctly configured.

6.2 The installation site must provide a broadband internet connection and a functional Wi-Fi network to communicate with the App;

6.3 The User must have a mobile device that is compatible with system requirements to access and correctly use the App.

6.4 Some functions of the App could also require access to additional mobile device functions (for example, GPS localisation for geopositioning, etc.).

Art. 7 Voice control services

7.1 Voice control services allow the User to carry out the essential functions of the control system connected to the App, using voice commands or messages; the extension of these function vary according to the respective language control Service.

7.2 By installing or recording on a Voice Control Service and connecting it to the App, the User accepts these Conditions. If the User does not accept these Conditions, they cannot use the Voice Control Service.

7.3 Use of the Voice Control Service is permitted for the duration of App use, pursuant to these Conditions and both Parties may terminate this at any time, without prior notice. The User can interrupt the use of a Voice Control Service by uninstalling or disconnecting the Voice Control Service. By doing this, Voice Control will no longer be available. All other services provided under these Conditions will remain unchanged.

7.4 The Supplier does not guarantee uninterrupted availability, specific response times or behaviour by the Voice Control Service, although it undertakes to put in place all reasonable efforts required to guarantee the correct and continuing use of the service. Therefore, there is no guarantee that the access to or use of the Voice Control Service is interrupted or compromised by maintenance work, further developments or other interruption.

7.5 The User's rights of use are limited to access to their own Voice Control Service and to use in line with these Conditions.

7.6 User contributions cannot have content in breach of applicable regulations. The User will allow the operator to edit contributions if they are in breach of the abovementioned regulations or if they can cause damage to the operator or third parties.

7.7 It is prohibited to allow another Voice Control Service to communicate with your own Voice Control Service. Any prohibited action may lead to the immediate interruption for the User of the Voice Control Service.

7.8 The User accepts that messages to the Voice Control Service are stored by said service. The User consents to Suppler use of these messages to provide and improve Voice Control Services.

7.9 The responses and declarations provided by the Voice Control Service are protected by copyright. Any reproduction, copy, storage or recover of these declarations or the use in any other Voice Control Service is prohibited with out the Suppliers express consent.

Art. 8 Disclaimer

8.1 The Supplier will use due diligence in the provision of services to the User.

8.2 It remains clear that the operation of the App depends on a series of environmental factors (e.g., third-party products or services, Internet access, correct Wi-Fi operation or operation o other communication networks or systems) for which the Supplier cannot be considered liable. Therefore, the App is provided without permanent or quality guarantees as to operation.

8.3 The user declares that they acknowledge and accept the following:

a) The use of the App by the User is at the exclusive risk of same.

b) The Supplier does not expressly acknowledge any guarantee or condition of any type, be this explicit or implied, including, for example but not limited to, guarantees as to the suitability of a particular purpose and non-infringement of copyright.

c) The potential energy savings from the use of the App depend on a series of environmental factors for which the Supplier is not responsible. The User undertakes not to require any type of damages from the Supplier in the event that the envisaged savings are not achieved.

d) The Supplier does not guarantee that the App will be free from interruption (for example but not limited to: interruptions for upgrades or resolution of any problems in the App).

e) The User acknowledges and expressly accepts that the Supplier is not responsible towards them for any damage, either direct or indirect, incidental, special, consequential, including, by means of example but not limited to, loss of profits, data loss, or other intangible losses, arising from the use or impossibility to use the App, unauthorised access or alternation of User transmission or data, or any other aspect related to the use of the App.

Art. 9 Express termination clause

9.1 Any User breach of the obligations or duties that lie with the user on account of these Terms, will lead to immediate termination of this agreement, without prejudice to the Supplier's right to require payment of damages.

9.2 In the event of the above, the Services will be deactivated and therefore, it will no longer be possible to access or use same.

Art. 10 Duration of the Agreement

10.1 This agreement is considered of indefinite duration.

10.2 The User may, at any time, cancel their registration and from such time, cannot use the services regulated by the App.

Art. 11 Amendments to the conditions of contract

11.1 The Supplier undertakes to inform the User in the event of changes to these Terms and Conditions.

11.2 Any changes as above will enter into effect after 30 (thirty) days from the date of publication of said terms and conditions.

11.3 The User, informed of the amendments in the manner stated above, will have 30 (thirty) days from the publication of said changes to withdraw from this agreement, after which time, the changes will be considered binding for the User.

Art. 12 Changes to service functions

12.1 The Supplier undertakes to keep the App active, safe and free from errors.

12.2 However, the Supplier cannot guarantee constant and regular service operation.

12.3 The Supplier can make changes to the application, eliminate/add functions at any time, communicating any substantial changes made to the services to the User beforehand.

Art. 13 Privacy

13.1 The Supplier guarantees compliance with the regulations to protect personal data, pursuant to the new Reg. EU 679/2016, as expressly established in the privacy policy statement that can be consulted here.

Art. 14 Applicable Law and Jurisdiction

14.1 this agreement is regulated by Italian law.

14.2 All disputes that may arise from this agreement will fall under the exclusive jurisdiction of the Court for the area in which the User resides, as set down in the Consumer Code (Lgs. Decree 206/2005).

14.3 For final Users who are not consumers, but who belong to the category of trade, the exclusive jurisdiction will fall with the Court of Rovigo.