1. Briefly about the Apps and the Terms of Use
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.
These general terms and conditions («Terms of Use») govern the use of the Apps between you as the end user (hereinafter referred to as «you» or «Customer» or «you») and the Supplier.
As an end user, you can use the Apps freely, among other things to control your network equipment or your IoT devices, either locally or via the Internet. All services from the Supplier, including the Apps, are hereinafter referred to as «the Services». These Terms of Use apply in addition to other terms of use for current or future additional services in the Apps, or third-party services available via the Services, and the Agreement between you and the Supplier on the purchase of, Hub or Smart Router / Mesh, and other physical components from the Supplier. The provider can at any time update the Apps and implement new functionality that is communicated to you as a user of the Apps.
By using, or otherwise accessing, the Apps with Affiliated Services, you agree to be bound by these Terms of Use. If you have any questions about the Services or these Terms of Use, please contact the Supplier. If you do not accept these terms, you do not have the right to use the Apps with associated Services.
2. Definitions
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.
Agreement: This Agreement for the Product with the Services including the Terms of Use for the App and the Services.
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.
Terms of Use: The general terms of use for the use of the Apps available on the Supplier’s website heimgard.com and for the associated Services to which the User has legal access.
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 may use the Apps, Products and Services in accordance with these Terms of Use. From the day the Customer has paid for the Products, the Customer has ownership of such Products. The customer can use the Apps and Services in accordance with the user guide and otherwise as stated on heimgard.com. If the Customer wants to use the Apps or Services in addition to what is stated in the Terms of Use or on heimgard.com, the Customer must obtain the Supplier’s prior approval in writing.
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
Upon acceptance of the Terms of Use, the Customer as a User of the Apps and Services is granted a personal, non-exclusive, revocable, and non-transferable right of use to use the Apps with associated Services in current and future versions in accordance with the Terms 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
You are responsible for the use of the Apps and are obliged to use the Apps with the associated Services only for the purposes set out in the Terms of Use, description of the Apps and the Services on heimgard.com, including special terms stated for special services in the Apps you use, and otherwise within the limits of applicable law.
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 may contain links to and on request integrate services operated or provided by third parties («Third-Party Services»). The Supplier has no influence or control over such Third-Party Services. The Supplier is not responsible for Third-Party Services, including availability, functionality, terms of use or content, unless otherwise expressly stated by the Supplier for a particular Service. If the Customer chooses to integrate or otherwise use Third-Party Services together with the Services, the Customer is responsible for these, and how Third-Party Services interacts with the Service.
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.
Nothing in these Terms of Use shall be construed as excluding or limiting the liability of the Contractor for death or personal injury caused by negligence on the part of the Contractor or others the Contractor is responsible for.
8.3 Availability
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
When downloading, the apps alone do not process personal information about the Customer to which the Supplier is given access. If the Customer wishes to use functions in the Apps or Services that require the Contractor to process personal data, the Contractor will limit such processing to what is necessary to fulfill the Agreement between the Parties, including for the Contractor to fulfill its rights and obligations as set out in the Terms of Use and in another agreement with the Customer, e.g. a purchase agreement that describes which Services are to be provided.
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.
If the Customer wants Services or functionality that requires certain processing of personal data, the Supplier will only process the personal data to the extent and to the extent necessary to deliver the Service or functionality. The basis for processing this processing is an agreement, i.e., these Terms of Use, a possible Purchase Agreement between the Parties with attachments and 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.
The Supplier will not use your personal information for other purposes or to any other extent than what is described in these Terms of Use, other agreement between the Parties or in the Supplier’s Privacy Statement. The Supplier will not sell or give away personal information to other third parties than those explicitly mentioned in the Terms of Use or the Privacy Statement. If the Customer chooses to use the Services, anonymized data will be shared with Google Cloud, which is the Supplier’s cloud storage service.
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 support@heimgard.com.
10. Change of the terms of the Agreement
The Supplier reserves the right to update these Terms of Use if necessary. If this is done, the updated version will be effective immediately from publication, and the new Terms of Use will be available through the Apps and will be published on heimgard.com. The Supplier recommends that the Customer reviews the terms regularly so that the Customer is aware of any changes, and it is initially stated when the terms were last revised (date when the terms were last updated). The Customer will be notified of changes that have a significant impact on the use of the Apps or the Services. The Customer’s continued use of the Apps after the Terms of Use have been updated or upon receipt of notification of any significant changes, is considered confirmation that the latest version of the Terms of Use applies as part of the Agreement with the Supplier.
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 support@heimgard.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.
12. Enforceability
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: privacy@heimgard.com
