Terms of use

Terms of use

1.

General

1.1 Plejd AB, registration number 556790-9477, with address Göteborgsvägen 52, 431 37 Mölndal, Sweden with telephone number +46 (0) 10 207 89 01 and e-mail address info@plejd.com (”Plejd” or ”we”) provides the Plejd mobile application (the ”App”).
1.2 The App is used to install, change settings, control and monitor the use of Plejd products (the ”Product”). Both end-users of a Product and professional installers of a Product may register and use the App. When signing up to the App the User will choose whether the User is an end-user or a professional installer, and depending on the choice the User will access different functions in the App.
1.3 These terms of use (the ”Terms”) apply when you (the ”User” or ”you”) register an account and use the App, and by accepting these Terms, you undertake to comply with them for your use of the App. If you represent a legal entity you are accepting the Terms both yourself and on behalf of such legal entity and you guarantee that you is authorized to accept the Terms on behalf of the legal entity. Note that the Terms differ in some parts depending on if you use the App as a consumer or as a representative of a legal entity. If you are a consumer the Terms will apply to the maximum extent allowed by national mandatory law in your country of residence.
1.4 The User acknowledges that the Terms are concluded between Plejd and the User, and not with the company providing the distribution platform for the App, i.e. Google and Apple. Plejd, not the distribution platform provider, is solely responsible for the App and the content thereof.

2.

User requirements etc.

2.1 If you are a consumer you must be 16 years to register an account and use the App.
2.2 By accepting these Terms you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ”terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

3.

No payment

Download and use of the App is free of charge.

4.

Right to use the App

4.1 Subject to these Terms, Plejd grants to you a worldwide, non-exclusive and non-transferable right to perform, display and use the App on a device that you own or control. The license is subject to any usage rules set forth by the company providing the distribution platform.
4.2 In the event that it is revealed that any use of the App by you is in breach of the material terms of these Terms, you shall reimburse Plejd for all reasonable costs and expenses related to such use.

5.

User account

5.1 To use the App you have to register a user account by registering your name, e-mail address and password to the user account. If you are using the App as a professional installer, you shall also register the name of the company you represent, its corporate identity number and telephone number.
5.2 If you as an end-user are the first user in your household to create a user account in the App which is connected to a Product, you will be assigned as the master user of the Product. The master user can invite and un-invite others to control the Product through the App.
5.3 If you have a user account, you undertake to ensure that no one but you can use your login credentials. You may not reveal your password to any unauthorized person and shall ensure that any document setting out the username and password is stored in such way that no unauthorized person can gain access to the information. You must immediately change your password or notify Plejd if it is suspected that any unauthorized person know your password.
5.4 It is only possible to have one (1) user account per User. A User that is representing a legal entity guarantees that he/she is authorized to take measures and use the App on behalf of that legal entity.
5.5 If Plejd suspects that the user account or login information is misused or if the usage otherwise violates the Terms, Plejd has the right to suspend you as a User. Plejd has the right to, irrespective of the reason, assign you with new login details.
5.6 You can unregister your user account or uninstall the App at any time. When you unregister your user account all information that is stored in your user account will be permanently deleted.

6.

Intellectual property rights

6.1 The App and all intellectual property rights associated therewith are and will remain at all times the sole and exclusive property of Plejd and its affiliates. The User have no right, title or interest in or to the App or the intellectual property associated therewith, except as expressly set forth in these Terms.
6.2 A User who is a professional installer may use Plejd’s trademarks for the purpose of marketing that the company the User represents is a reseller and/or installer of Plejd’s Products. The trademarks shall at all times be used in accordance with Plejd’s graphic manual which can be displayed on Plejd’s website.
6.3 As a User, you receive no rights and agrees not to: (i) copy, sub-license, lease, rent or assign the App or any content, material or data included therein, with exception of your own data, measurement data, or other processed data that have been collected, processed or exported by you as result of your own use of the App; (ii) distribute in whole or in part, modify, or create derivatives of the App or any content, material or data included therein; or (iii) disclose the results of any benchmark or other performance test run on the App to any third party without Plejd’s prior written consent.
6.4 In the event of any third party claim that the App or the User’s possession and use of the App infringes that third party’s intellectual property rights, Plejd, and not the distribution platform provider, will be solely responsible for the investigation, defense, settlement and discharge of such claim.

7.

Personal data

Plejd is the controller for the processing of your personal data. Information regarding Plejd’s processing of personal data can be found in Plejd’s privacy policy. You will find the privacy policy on Plejd’s website and in the App.

8.

Maintenance and support etc.

8.1 Although it is Plejd’s ambition, we cannot guarantee to provide the App without technical disruptions. We may therefore have to restrict your access to the App for example service, support, safety or technical reasons.
8.2 If there is any problem with the App or if you are dissatisfied in any way, please contact Plejd. Our contact details are stated above. If you experience that the App is faulty it is important that you inform Plejd as soon as possible. Plejd will always try to find a solution to the problem.
8.3 The company providing the distribution platform for the App has no obligation to furnish any maintenance and support services with respect to the App.
8.4 Complaints regarding purchased Products or the installation obtained from other than Plejd should be directed to the appropriate professional installer or seller.

9.

Claims

Plejd, and not the distribution platform provider, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection law or similar legislation.

10.

Limitation of liability

10.1 Plejd shall not be liable for any indirect or consequential damages for the installer or the legal entity which the installer represent , including but not limited to, loss of profits, loss of goodwill or missed opportunities.
10.2 For avoidance of any doubt, Plejd shall not be liable for any claims relating to the Product as such under these Terms.
10.3 Plejd’s liability is not limited beyond what is permitted by applicable law or mandatory consumer protection law in the consumer’s country of residence.

11.

Term, termination and changes

11.1 These Terms and the agreement between you and Plejd enters into effect when installing the App and will remain in force until further notice as long as the App is used by you.
11.2 Plejd reserves the right to make changes and amendments to these Terms from time to time. Any amendments to these Terms of Use will be posted in the App. Changes will become valid once the User have accepted the Terms (while using the App), or 30 days after Plejd has informed the User of the changes. The User is entitled to terminate the user account and uninstall the App with immediate notice when the User becomes aware about such modification.

12.

Miscellaneous

12.1 Any end-user questions, complaints and claims with respect to the App should be directed to Plejd by using contact detail as specified in clause 1.1 above.
12.2 Plejd reserves the right to develop, expand, reduce or otherwise modify the App’s design, technical specifications, systems and other functions and the conditions thereof.
12.3 The User is fully responsible to protect its technical equipment against unauthorized use, including using appropriate anti-virus software and firewall.
12.4 The User acknowledges that the distribution platform provider may be a third party beneficiary to the Terms and, upon the User’s acceptance of the Terms, the distribution platform provider will have the right to enforce the Terms against the User as a third party beneficiary to the Terms.
12.5 The distribution platform provider have no warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Plejd’s sole responsibility.
12.6 These Terms constitute the entire agreement between you and Plejd, unless otherwise has explicitly been agreed in writing.
12.7 If any provision of these Terms is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
12.8 Plejd has the right to assign any part of its rights and obligations under the agreement between Plejd and you without your prior consent.

13.

Governing law and disputes

Any dispute, controversy or claim regarding the interpretation or application of these Terms shall be governed by and construed in accordance with Swedish law and settled by public court in Sweden.

These Terms of Use was adopted by Plejd AB on October 13, 2016.

These Terms of Use was adopted by Plejd AB on October 13, 2016.