Versuni Nederland B.V. and its affiliates ("We" or "Our") offers (i) our websites (the "Sites"), (ii) services accessible through the Sites ("Web Apps"), (iii) services accessible through mobile applications ("Mobile Apps"), and (iv) Subscription Services. The "Services" shall mean the Sites, the Web Apps, the Mobile Apps and/or Subscription Services. The Services are all for use with our hardware products ("Products").
Overview and relation to other agreements
These Terms of Service apply to your access to and the use of the Services and Products. By using the Services, you agree to be bound by these Terms. If you do not agree to the Terms of Service, you should not use the Services or the Products. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms.
Your purchase of the Product is additionally governed by the terms of the commercial warranty provided with that the Product ("Commercial Warranty") and can be governed by our Terms and Conditions of Sale. The software in the Product and the Mobile App are licensed and governed by the conditions of use "(Software Terms)". We provide and you use the Services subject to our Privacy Statement. All additional guidelines are incorporated by reference into these Terms and you accept them by using the Services and the Products.
When using the Services of Products, you may also choose to use services, software or products provided by a third party. Those third party services and products will have rules and restrictions separate from these Terms. You warrant you will abide by these terms when using the Services and Products. You acknowledge that you are responsible for all fees charged by such third parties, including your internet service provider or mobile device carrier, which provide you with specific requirements that enable you to use the Services.
To use certain Services and Products, you must create an Account. You agree to: (a) accurately provide all contact and other information requested by us and notify us immediately of any change in the information; (b) maintain the confidentiality of your Account login information and for all activities that occur under your Account. You agree to notify us immediately of any suspected unauthorized use of your Account.
You are responsible for the compliance of all users of your Product and users of your Account, whether or not authorized by you. You agree to make all other users of your Product and Account aware of these Terms and subject to these Terms.
If you sell or transfer your Product, your right to use the Services with respect to that Product automatically terminates. The new owner will have no right to use the Product or Services under your Account, and will need to register for a separate Account.
Access to Services and discontinuation
We grant you the non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services solely for the Permitted Purpose.
At any time, we may (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if we, in good faith, believe that you have used the Services in violation of these Terms. Upon termination, you are no longer authorized to use or access the Services.
Your Product is capable of providing you with many services to help you manage and maintain the product. When the Product is connected to our network, it is capable of transmitting certain information, including activity and error codes, to us. We use this to provide you with the Services.
We reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, with or without notice. You agree that we will not be liable to you or any third party for the exercise of the aforementioned right.
Updates or Changes to Services and Products
We may update or change Services or make certain improvements to the Product, and may do so remotely without notifying you. Updates or changes are subject to the Software Terms.
We will provide the necessary updates for the period of time you may reasonably expect, and for at least two years after you purchased the Product. We may update Product Software and any Service and may do so remotely without notifying you. Where due to an action or inaction of you, updates are not installed within a reasonable time after they are made available, we shall not be liable for any impairment of the Services caused by this failure. Updates or changes are subject to these (or a newer version of the) Terms.
User Content is provided by users, not by us. We do not endorse opinions, recommendations or advice expressed therein. As this is a publicly available App, sharing your content means that it becomes public. Also, when you share your content, we intend to use it for our own purposes as well, including for commercial purposes. Do not upload User Content if you do not agree to this.
Ownership and Intellectual Property
We are the owner or licensee of the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the Services. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast, or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without our prior written consent, except to use the Services for their intended purposes. We retain all rights that are not otherwise expressly granted in these Terms. Certain pieces of independent, third party code included in the Services are subject to open source licenses.
If you submit a comment, suggestion, or any other material ("Feedback") to us related to the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution, or compensation to you, or you will grant us a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective.
Our goal is to provide you with a great service experience. HOWEVER, DO KNOW THAT WE ARE ONLY ABLE TO PROVIDE YOU THE SERVICES "AS-IS" AND AS AVAILABLE AND THAT YOU CANNOT RELY ON THE TIMELINESS OR ANY OF THE RESULTS THAT YOU MAY OBTAIN FROM THE SERVICES. This is, among other reasons, due to the fact that the availability of the Services is also dependent on circumstances such as your computer, mobile device, home wiring, Wi-Fi network, internet service provider, and mobile device carrier, upon which we have no influence. Therefore, in relation to the Services, we cannot warrant the availability, uptime, accuracy of results, accuracy of data, storage of data, accessibility in all countries, reliability of any resulting notifications, any specific level of savings, or other monetary benefit.
Home Safety Appliances: you agree that the Products are intended for personal and household use, and are not intended for critical or life saving usage. Our Products are not certified for emergency response. Notifications in Mobile Apps are for informational purposes only and not a substitute for a third-party monitored emergency notification system. We will not dispatch emergency services to your home.
Some governments or authorities may require permits or registration for use of the Products in certain circumstances. You understand and agree that you are solely responsible for obtaining and maintaining such licenses. You understand that you, not us, are responsible complying with any applicable laws relating to recording or sharing of video or audio content containing third parties or public spaces, including obligations to provide prior notice to persons involved.
Kitchen Appliances: the Mobile App can calculate the nutritional values of recipes. These nutritional values are based on the average values as provided by the food composition databases. We use the German food composition database "BLS - Bundes Lebensmittel Schlüssel". Calculated nutritional values may deviate from actual nutritional values amongst others as a result of variations in the nutritional values of ingredients (caused by the degree of ripeness, variety etc.). Nutrition and health claims: Nutrition and health claims made within the Mobile App follow from Regulation 1924/2006 of the European Commission. For the daily recommended intake, the Mobile App follows EU-REGULATION 1169/2011.
A varied, balanced and good diet is an important part of leading a healthy lifestyle. A balanced diet should contain the right quantities of the right foods, including carbohydrates, high fibre content, water, proteins, fats, vitamins and minerals. For further information on a healthy diet and smoothies, please also see our articles.
Air: The air quality data measured by the Product and displayed through the Service is only intended to measure certain aspects of air quality in the immediate vicinity of the sensor measuring such air quality. Such data should not be relied upon for any purpose and should not be used to determine whether the air is safe to breathe or whether any toxins are or are not present in the air.
Limitation of Liability
In the unfortunate event that the Services do not work or any content may be lost, please accept our sincerest apologies. However, to the maximum extent permitted by applicable law, we cannot accept any liability for any damages incurred as a result of your use of the Services. To THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE FEES PAID IN CONNECTION WITH THE SERVICES.
You agree to indemnify us against all claims by any third party brought against us or our affiliates resulting from unlawful or unjustified use of the Services and Products by you or your authorized users. We reserve the right to assume the defence of such claims and you agree to cooperate with our defence.
These conditions of use shall be construed, interpreted, and governed by the laws and courts of the Netherlands, without regard to conflicts of law provisions thereof.