Heimgard Technologies AS with org.nr. 985 439 419 (“the Supplier”) is a Norwegian company that offers network equipment and an Internet-of-Things (“IoT”) platform with associated mobile applications (the “Apps”) where private individuals or a legal entity can buy a home exchange (Hub or Smart Router / Mesh) and other components that private individuals or a legal entity can use in their own home, holiday home, office or similar to use the Supplier’s network products and solution for smart homes.
The Apps: A selection of mobile applications for networks and / or smart homes created by the Supplier with licensors that allow the Product to be used by the User with access to associated Services for the Product for as long as the Agreement lasts. The Customer uses the Apps to control the Customer’s Hub or Smart Router / Mesh. The Supplier’s offered Apps are described on the Supplier’s website heimgard.com.
Subscription price: The period price for the Basic Service or other Subscription Services for the Product that the Customer has purchased from the Supplier. Paid in advance for each Period.
The Basic Service: The Basic Service contains a set of standardized services associated with a purchased Product. The Basic Service can be offered in subscription form in the Apps. The content of the Basic Service may vary per. product and will be specified in the Supplier’s order confirmation or in another way for the individual purchase. The Supplier’s offered Basic Service for which Products are described on the Supplier’s website heimgard.com. Unless otherwise stated for a Service, the Basic Service consists of free non-exclusive use for the Customer of the Apps for the Products that the Customer has purchased from the Supplier.
The User: User of the Services via the Apps from the Supplier.
Cloud solution: The part of the Service that consists of a cloud solution provided by other providers (Google Cloud is used for data storage, and other providers’ networks are used for communication between the Products, Apps and the Services). When the Customer is away from their local network, data can be forwarded from the Apps to the Customer’s Hub or Smart Router / Mesh where anonymous usage data is stored in the cloud service.
Hub: The supplier’s home center for smart homes / «IoT», for connecting the system and the Service. In order for the Service to be available to the Customer, the Customer must use an activated Hub. Activated Hub means a Hub that has pre-installed software on the product (firmware) from the Supplier so that the Hub can work together with the Apps and Services from the Supplier.
The Customer: The natural person (private person) or the legal entity registered with the Supplier who purchases the Product and thus the recipient of the Services.
Supplier: Heimgard Technologies AS with organization number 985 439 419 and business address Sommerrogata 13-15, N-0255 Oslo.
Delivery address: Current address where the Customer has registered that the Product is to be delivered to.
Installation address: Current address where the Customer has registered that the Product and Service is used. Such address can be changed by the Customer in the Apps.
The Parties: The parties to this Agreement, i.e., the Customer and the Supplier.
Period: Period for payment of Subscription Price. Unless otherwise stated, a Period is considered a calendar month for as long as the Agreement lasts.
The Products: The physical products that the Customer has purchased from the Supplier. As a minimum, Hub or Smart Router / Mesh must be purchased and activated for the Services to work. The products are specified in the Supplier’s order confirmation or in another way for the individual purchase. The Supplier’s offered products are described on the Supplier’s website heimgard.com.
Smart Router / Mesh: The provider’s home network solution for wireless (Wi-Fi) and wired (Ethernet) Internet sharing. The device also has a built-in smart home Hub to connect to your IoT devices. In order for the Service to be available to the Customer, the Customer must use an activated Smart Router / Mesh device. Activated Smart Router / Mesh means a Smart Router / Mesh device that has pre-installed software on the product (firmware) from the Supplier so that the Smart Router / Mesh device can work together with the Apps and Services from the Supplier.
The Services: The Services that the Supplier provides to the Customer, related to the Product, using the Apps. The services are specified in the Supplier’s order confirmation or in another way for the individual purchase. The general Services are described on the Supplier’s website heimgard.com. The services consist of several components which together with the Products enable the Customer to have their own smart home solution: IoT platform that allows the Customer to control their IoT devices, either locally or via the Internet, includes App, Hub or Smart Router / Mesh and Cloud solution. The Supplier’s Basic Service is the very basic module of these services. In addition to the Basic Service, the Supplier may offer the Customer additional services, e.g., the special service Boligalarm or other Subscription services
3. The Apps and Services are for the Customer’s own use.
The Apps and Services are made available for the Customer’s own use and shall not be used for commercial purposes or for illegal or unauthorized use.
When the Customer uses the Apps and the Services, the Customer must comply with applicable laws and requirements for normal use as specified by the Supplier in the Agreement or in writing on heimgard.com, in the user guide or as part of the product packaging.
The customer has read and accepted the following:
1. Customer shall not use the Apps or Services in an illegal manner or in a manner that promotes or encourages illegal activity, including (without limitation) infringement of copyright or other intellectual property rights; or
2. The Customer shall refrain from attempting to gain unauthorized access to the Services or any networks, servers or computer systems connected to the Apps or the Services; or
Use the Services for anything other than the Services is designed for or for anything beyond normal use in accordance with the Services’ features.
4. Intellectual property rights
The Supplier with Licensors has and retains all rights to the Apps, Products and Services, including, but not limited to, copyrights, trade secrets, trademarks, patents and other intellectual property rights (hereinafter referred to as “IPR”). The Supplier’s IPR includes the brand, material on heimgard.com, information, data, text, music, sound, photographs, graphics and video related to the Apps, Products and / or Services, including any source code and other material from the Supplier with updates, modifications, adaptations, improvements and changes.
Customer acknowledges that use of the Service may require third-party software that is subject to third-party licenses. Customer agrees that Customer will abide by such licenses, including automatically receiving updated versions of the Services and associated third-party software.
5. Right of use
The Customer may allow persons in the same household to use the Services, and the Customer is responsible for teaching such person’s normal use of the Products, Apps and / or the Services as well as what are the requirements for normal use. If the Customer wants to let another person use the Services regularly, the Customer must ask such person to download the Apps himself to become a User.
6. Use of the App
7. Requirements for the Customer’s equipment
The customer must have a mobile phone or tablet with iOS / Android of a newer version to be able to use the Apps. By newer version is meant at least iOS 11.0 or later or Android 5.1 or later. To use the Apps, the Customer must also have internet on which the Products and Apps are connected. The customer must make sure to always update the Apps to the latest current version. In addition, the Customer must have a Hub or Smart Router / Mesh from the Supplier that the Customer has activated.
8. Limitations on the Supplier’s liability
8.1 Third-Party Services
The Apps and Services are provided as is (“as is”) without any warranty that they cover a specific need or requirement, uptime, functionality, or support. The Supplier is not responsible for any services provided by third parties in connection with the Apps.
8.2 Improper use
The Supplier, its consultants, employees or suppliers are under no circumstances responsible for the Service; (i) any damages caused by or on the Customer’s property as a result of incorrect use or interpretation of the Products, Apps and / or the Services, (ii) any damages caused by technical failure on the Internet and / or the Services, (iii) lost profits , consequential damages, consequential losses, loss of data or other indirect losses that the Customer may incur as a result of using the Products, Apps or Services, or (iv) for any damage to the Apps, Products or Services caused by errors, viruses or the like not due to the Supplier.
The Customer is aware that indirect losses and losses the Customer incurs as a result of the Customer’s incorrect use of the Apps, Products or Services are the Customer’s responsibility.
The Apps or Services may from time to time be partially or completely unavailable due to, among other things, maintenance, or other technical conditions. The Supplier does not guarantee the availability of the Apps or the Services. The Supplier will provide information about any restrictions on availability related to the Apps or Services on heimgard.com if the availability will last beyond what the Customer can reasonably expect.
8.4 Disconnection of the services
The Supplier reserves the right to suspend or stop providing Services related to the Apps, with or without notice, e.g., for security reasons, in case of incorrect use of the Apps and associated Services, protection of the Customer’s data and otherwise to protect the Customer’s interests. The Supplier is not responsible in any way if the Supplier chooses to exercise this right. Upon disconnection of the Apps, the Apps or Services will no longer be available to the Customer.
9. Use of personal information
The supplier has information about its processing of personal data in the Privacy Statement. In order to use the Apps and / or the Services, the Customer must confirm that he has read and accepted the Privacy Statement.
Normally, processing about a Customer is limited to general personal information such as name, e-mail, address (delivery address and installation address), telephone number and other contact information. In addition, the Supplier may need to process your IP address and other information about your device in order to administer the Services.
As part of the Services, the Customer will be given access to information about how the Customer can use the Services, including updates and special services that can be ordered from the Supplier. You can also give a voluntary, express, and informed consent during registration or later in the settings in the App, so that the Supplier can send you customized marketing and information by e-mail and / or SMS. The consent can be withdrawn at any time, and as easy as it was to give such consent, and it is possible to send a message to the Supplier via the Apps.
Customers who want information about themselves to be deleted or changed or have questions regarding the use of personal information or about the Apps, can do so by sending an email to firstname.lastname@example.org.
10. Change of the terms of the Agreement
You may terminate the Agreement with the Supplier with immediate effect by deleting the Apps from your device and deleting any user profile associated with certain Services, or by sending an email to email@example.com. It must be expected that the use of the latter alternative will involve some case processing time. If you pay an ongoing Subscription Price, it is recommended that you terminate the Agreement as specified in the Purchase Agreement so that the subscription does not continue to run.
11. Governing law and legal venue
These Terms shall be governed by and construed in accordance with Norwegian law. By accepting these Terms, you agree to submit to the exclusive jurisdiction of the Norwegian Courts, with Oslo City Court as legal venue. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
The Supplier’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Supplier Technologies in writing.
These Terms and the rights hereunder, including the customer relationship, may be assigned by the Supplier to a third-party, either partly or in whole.
13. Contact us
You can contact the Supplier: Heimgard Technologies AS, P.O. box 1618 Vika, 0119 Oslo, Norway – Phone: +47 649 44 442 – Email: firstname.lastname@example.org