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IMI Heimeier neoApp Terms of Service

This application, known as the “neoApp”, is supplied by IMI Hydronic Engineering International SA, (referred to as “we”, “us”, or “our”). IMI Heimeier is registered in Switzerland and we have our registered office at Route de Crassier, 19, 1262 Eysins, Switzerland, e-mail address: [email protected].

These Terms of Service (“Terms”) outline your rights and obligations when using the neoApp, together with IMI Heimeier hardware or devices, including the neoStat smart thermostat, and the hub that integrates communications from IMI Heimeier devices  and is connected via a property’s internet router to enable remote management via this application (“neoHub”)(“Products”). 

Please review these Terms carefully. By using the neoApp you agree to these Terms. If you do not agree with these Terms, do not download or use the neoApp. We specifically draw your attention to the ‘Warranty Disclaimers” and “Limitations on Liability” sections of these Terms. 

  1. These Terms 

    1. In these Terms “you” and “your” includes (a) “Owners”, individuals who create a neoApp account and pair their device to a neoHub; (b) “Admin Users”, individuals who hold a neoApp account for a specific neoHub, as nominated by the Owner (who is also an Admin User) or other Admin Users; and (c) “Guest Users”, individuals who hold a neoApp account and are granted access to a limited range of functions for a specific neoHub by Admin Users. 

    2. The neoApp Privacy Policy is included by reference and forms part of these Terms. The neoApp Privacy Policy can be found at https://climatecontrol.imiplc.com/heimeier-neoapp-privacy-policy.

    3. Please note that additional terms specific to the sale of Products will apply (“Product Terms”). If there is a conflict between Product Terms and these Terms, the Product Terms will apply. 

  2. Your Account

    1. You will need to create an account through the neoApp, with an email address and choose a complex password.  

    2. You must not select an email address that you are not authorised to use or that impersonates someone else. Additionally, you must not share your account details or password with anyone and must keep this information safe. IMI Heimeier is not responsible for any loss or damage resulting from your failure to keep your account information secure and confidential. You agree to notify us immediately if there is any unauthorised access or use of your account or any security breach. 

  3. System and Equipment Requirements 

To use the neoApp you require: (i) a reliable network connection for communication with our Products; (ii) a PC with windows 10 or above, or mobile device with Android 8 or Apple iOS 13 or above, to pair Products; (iii) an account; (iv) broadband internet access; and (vi) any other system elements specified by IMI Heimeier (and notified to you where legally required, in accordance with clause 8 below). 

  1. Access and Use of neoApp 

    1. Subject to your compliance with these Terms, IMI Heimeier grants you a revocable, limited, non-exclusive, non-transferable, and non-sub-licensable licence to install and use neoApp including updates for personal and non-commercial purposes. You may only use the neoApp on Products you own, lease, or control. 

    2. You acknowledge that IMI Heimeier is the owner or the licensee of all intellectual property rights on the neoApp, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

  2. Your Obligations

    1. You are responsible for configuring your own devices to access the neoApp and use your own virus protection software.

    2. You must not download the neoApp or its updates from anywhere other than a Appstore for iOS systems or Google Play for Android systems store approved by us or install or use it on a jail-broken or rooted device. 

    3. You must comply with all applicable laws and regulations in relation to your use of the neoApp, including any obligations that apply to a User operating in a commercial capacity. If an applicable law prohibits the use of the neoApp, you agree that you will not use it. 

    4. You expressly agree you will not attempt to derive income from the use or provision of the neoApp, whether for direct commercial or monetary gain or otherwise use neoApp in a way that could damage, disable, overburden, impair or compromise IMI Heimeier (including its service providers).

    5. You must not directly or permit others to, use the neoApp or any data generated from it in any way that breaches the rights of individuals, violates contracts, is criminal or otherwise unlawful, constitutes coercive or controlling behaviour, or breaches health and safety, environmental or other regulations. 

    6. You agree to use the neoApp solely for managing the Products and your account, and will not engage in harmful, disruptive, or fraudulent activities, interfere with networks, bypass security, upload harmful software, send spam, attempt to access others' information, compromise account security, or use automated means to crawl or scrape the neoApp.

    7. You must not transfer, exploit, copy, alter, infringe upon intellectual property, or modify the neoApp in any way, unless legally permitted. 

    8. When you no longer have a legitimate connection to a particular property you agree to take any steps necessary to delete the neoApp and cancel your account related to that property. Products may also be reset by individuals at the property causing the neoApp to automatically stop functioning for any existing Users. 

  3. Warranty Disclaimers

    1. IMI Heimeier cannot guarantee the continuous availability of the neoApp. Interruptions may occur, but IMI Heimeier will undertake efforts to minimize such interruptions. By using the neoApp you accept these risks and agree that IMI Heimeier is not liable for any damages resulting from service windows, failures or security breaches (including cyber attacks, viruses, hacking and malware). 

    2. To the extent permitted by applicable law, the neoApp is provided “as is” and “as available,” with all faults and errors. IMI Heimeier makes no warranties, representations, guarantees or conditions of any kind, whether express or, implied, including, but not limited to, merchantability, accuracy, quiet enjoyment, non-infringement of third-party rights, availability, data security, and any warranties arising from course of dealing or usage of trade. 

  4. Limitations on Liability

    1. Different limitations and exclusions of liability will apply to our liability arising as a result of the supply of our Products to you, these are set out in our Product Terms.

    2. You understand that we are providing the neoApp for private use and you should not use it for any commercial or business purpose and irrespective of the way you use the neoAPP we have no liability to you for:- (a) any loss of profit; (b) loss of use of money; (c) loss of anticipated savings;(d) loss of business; (e) loss of opportunity; (f) loss of goodwill; (g) loss of reputation; (h) loss of data; (i) any wasted expenditure; or (j) any indirect or consequential loss or damage howsoever caused. For the avoidance of doubt, the Sub-clauses in this Clause 7.2 are intended by the parties to be severable. 

    3. IMI Heimeier’s liability for damages shall be limited to damages due to intention or gross negligence of IMI Heimeier. The above does not limit or exclude IMI Heimeier’s liability to the extent that it cannot be legally limited or excluded by law, in particular for death or personal injury arising out of our negligence or that of our employees; for claims according to the product liability law; and for fraud or fraudulent statement. If you are residing in Germany the liability limitation does not exclude claims due to infringement of a basic contractual obligation (German: Kardinalpflicht) that you considering the circumstances could reasonably expect to be performed).

    4. Without prejudice to clause 7.3, IMI Heimeier’s liability shall be limited to the foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do). We are not liable to you for any loss or damage not caused by our breach or negligence or any loss or damage that was not foreseeable.

    5. Nothing in these Terms affects your mandatory statutory rights. 

  5. Changes to these Terms

IMI Heimeier may update these Terms as needed which will be updated on the app store and IMI Heimeier website where you should check for updates. These Terms were most recently updated on 12. December 2024. IMI Heimeier will try to give you reasonable notice of material updates. By continuing to use the neoApp, you agree to the new Terms. 

  1. Suspension or Termination 

    1. These Terms remain effective as long as you use IMI Heimeier’s neoApp and you have a legitimate connection to the property where the Products are used. 

    2. We reserve the right to refuse neoApp or suspend/terminate your account if you violate these Terms, our guidelines, policies, or any applicable laws. 

    3. We might suspend or stop offering neoApp, add new features, or limit access to parts of the neoApp from time to time to reflect changes to our Products, our Users' needs and our business priorities. We will give you reasonable notice of any major changes. neoApp may also be temporarily suspended, without prior notice, due to security concerns, system failures, maintenance, repairs, updates, adjustments, or other reasons. You acknowledge and agree that we do not guarantee any precise availability for the neoApp, which might be interrupted, suspended or withdrawn. We are not responsible for any losses that may result from these actions. 

    4. IMI Heimeier may withdraw the neoApp for business and/or operational reasons. IMI Heimeier will give you reasonable notice of any suspension or withdrawal.  

  2. Assignment

You cannot amend or assign these Terms without IMI Heimeier’s written consent. IMI Heimeier may freely assign or transfer these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

  1. Third-party rights

Unless it expressly states otherwise, these Terms do not confer any rights or benefits to any third parties.

  1. Severability and waiver 

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing these Terms, we can still enforce them later.

  1. Complaints, Online Dispute Resolution

IMI Heimeier has chosen not to participate in the European Commission's online dispute resolution procedure (see http://ec.europa.eu/consumers/odr/). For any questions, complaints, or claims regarding the neoApp, please contact us at [email protected].

  1. Governing law and jurisdiction 

These Terms are governed exclusively by the laws of the laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Any and all claims under these Terms or in connection with the terms shall be finally settled by the courts of law responsible for the IMI Heimeier’s registered office in Switzerland. However, this does not affect your rights under your local law in relation to any claim that may arise, and this claim can still be brought in your local court.