1. General information
ZONING CLOUDis designed to be run on both desktop devices and on mobile devices (smartphones, tablets or other mobile devices), with Android or iOS operating system, offering its users the possibility, remotely from their own device, of connecting to the zoning control unit via a Wi-Fi network for remote control of the zone climate-control system.
Please read the following information carefully before using, downloading and/or running ZONING CLOUD, its use is subject to these terms and conditions, which you accept by making use of it, otherwise do not use it.
2. Identity of the app owner
MADEL AIR TECHNICAL DIFFUSION, SA, (hereinafter MADEL), (VAT number (CIF) A-08.193.963), registered in Centelles (Barcelona) SPAIN, Poligon Industrial la Gavarra, C/ Pont de les Bruixes, parcela 5, telephone 93 889 80 91 and email firstname.lastname@example.org email@example.com
3. Terms and conditions of use
ZONING CLOUD is designed for and aimed at users who have the NETBOX communication gateway compatible with control units and thermostats manufactured by MADEL. The installation of all the necessary elements must be carried out by third parties with sufficient capacity to do so.
These Terms and Conditions of Use regulate access to and use of ZONING CLOUD and the rules governing the use of the website and the the Zoning 2.0 control APP, which can be downloaded from the Google Play and Apple Store virtual stores.
After downloading the Zoning 2.0 application and once it is duly installed on the device, the user can open the application and carry out the registration process. After entering an email address as the username and a password, the user will be able to access the APP, being able to run the application to access its features.
The user is solely liable for payment of all costs or expenses that they may incur as a result of downloading and using ZONING CLOUD, including any operator network or roaming charges. In any case, the user must ask their service provider for details about this.
These General Terms and Conditions of Access to and Use of the App are governed by the principles of legality and good faith, with the User undertaking to use it, as well as to treat the information or services supplied, in accordance with the Law, morals, ethical conduct and public order. Unauthorised use of the information contained in the ZONING CLOUD, its resale, as well as any infringement of third-party rights, shall lead to the legal liabilities established to this effect.
The process of downloading and incorporating your data and password, if this is the case, is considered to be a formalisation of a legally binding contract between MADEL and the user, in accordance with the terms of these Terms and Conditions.
3.2 Truthfulness of the data provided
The User states that all the data that they provide is truthful and accurate and they undertake to inform MADEL of any changes that may be made to it.
Furthermore, submission of the data is absolutely voluntary on the part of the User, although failure to submit certain data or answers to questions that may be asked in the registration processes or on the electronic forms that may be presented to the User may make it impossible to access the services for whose provision the personal data has been requested, although MADEL in any case, will provide information about the mandatory and/or necessary nature of the submission of the data for the operation of the Service.
The user shall be solely liable for the content an/or data that they incorporate, send and use via ZONING CLOUD and they guarantee that they have the licences, rights, consents and user permissions necessary to incorporate, send and/or use this content and/or data through it. Likewise, the user acknowledges and accepts that all the information and/or content that they access via ZONING CLOUD is for their own and exclusive personal and non-transferable use.
3.3 Electronic data transmission and computer attacks
The user acknowledges and accepts that, for the correct operation of the APP, or some of its features, the following may be necessary:
- Access to the data transmission network of the device for update of the APP information
- Access to the geolocation system during the initial process of installation of the NETBOX.
MADEL cannot guarantee the security of electronic data transmission and cannot guarantee that it will be free of errors nor that the data may be intercepted, changed, lost or destroyed, or that it may arrive late or incomplete and damaged, or that its use is secure.
Consequently, MADEL shall use commercially reasonable procedures to avoid these errors and incidents, such that under no circumstances, with respect to any error or omission derived from or related to any event outside its reasonable control, shall it be liable for any damage or loss resulting from a computer attack, denial of service attack, virus or any other technologically prejudicial or harmful program or hardware that could affect the User as a result of using the APP, the website or downloading content from it or those to which the website may redirect.
It is the User’s responsibility, in any case, to have appropriate tools for the detection and disinfection of malware or any other harmful computer element. MADEL shall not be liable for any damage caused to computer equipment during the use of the APP. Likewise, MADEL shall not be liable for the damage caused to Users when this damage is caused by failures or disconnections in the telecommunications network that interrupt the service.
3.4 Duration and termination of the use of the app.
The provision of the services and/or content of ZONING CLOUD is for an indefinite term. Notwithstanding the foregoing, MADEL has the power to terminate, suspend or unilaterally interrupt the provision of the service that is offered via ZONING CLOUD at any time and without the need for prior notice.
MADEL may terminate the use of ZONING CLOUD for the User at any time and for any reason, without the need for prior notification of any kind. Upon termination of such use, it shall also terminate all the rights and licences granted to the User and the latter must stop using the Application, without this generating any liability for MADEL.
Whenever reasonably possible, MADEL shall give warning in advance about the termination or suspension of the provision of ZONING CLOUD services.
3.5 Free of charge
MADEL provides the ZONING CLOUD service free of charge for all its users. However, the gratuitous nature of the service may be modified if, due to its circumstances any changes take place that make this unfeasible due to market circumstances and/or due to any other circumstances, a situation that will be communicated to the users sufficiently in advance. However, always and in all cases, the costs of connection to communication or data networks to access and/or make use of the ZONING CLOUD services and content shall be the responsibility of the user.
MADEL, at all times and without any limitation, may modify the Terms and Conditions of utilisation and use of ZONING CLOUD, without the need for any prior notice.
However, if upgrades, new versions or add-ins of ZONING CLOUD are obtained, the use of these new versions or upgrades shall be governed by this contract and any modification to it, unless there are other terms and conditions for the new versions, upgrades or add-ins, in which case these new terms and conditions shall apply, and the user shall have to accept them once again.
If the user continues to use ZONING CLOUD after a modification has been made to the Terms and Conditions of use, this continued use will constitute their acceptance of said modifications.
3.7 Intellectual property assignments and rights
All trademarks, copyrights, databases and other Intellectual Property Rights of MADEL, irrespective of their nature, as well as the source code, are the exclusive property of MADEL, or, where applicable, of the owners from which MADEL has legitimately obtained the licence or assignment for using them.
The use of ZONING CLOUD by the User does not grant them any right to use the trademarks, service marks, trade names, logos or domain names of MADEL, irrespective of whether it is for commercial or non-commercial use.
The User shall refrain from:
a) Reproducing, copying, distributing, making available to third parties, publicly communicating, transforming or modifying ZONING CLOUD or its content, except in the cases covered by law or expressly authorised by MADEL or by the owner of said rights.
b) Reproducing ZONING CLOUD or its content, or copying it for private use, as well as publicly communicating it or making it available to third parties when this involves its reproduction.
c) Extracting or reusing all or a substantial part of the content making up ZONING CLOUD.
3.8 User licence
ZONING CLOUD and the content provided through it or the Websites are the property of MADEL, and the user is only granted a limited licence, free of charge, non-exclusive and revocable for personal, non-commercial use, for receiving the content made available through ZONING CLOUD or the Websites. This licence shall remain valid while accessing the ZONING CLOUD App from MADEL.
A User Licence and not a sale is granted and MADEL shall remain the owner of all copies of ZONING CLOUD even after it has been installed on the devices.
MADEL may assign its rights or any part thereof without restrictions. However, the User shall not be able to assign them or any part thereof, or transmit or sub-license the rights under this Licence, to any third party.
This licence is also granted under the same terms with respect to the upgrades and improvements that are made to the application. These user licences may be revoked by MADEL unilaterally at any time, by mere notification to the User.
We inform you that your personal data shall form part of a file owned by MADEL for the purpose of managing your registration, as well as for sending you information about our products and services, both by post and by electronic means.
By accepting these Terms and Conditions of Use of ZONING CLOUD, the user grants MADEL a non-exclusive, irrevocable right, free of charge and without any territorial or time limitation, and with powers of assignment to third parties, for reproduction, public communication, including its method of availability, distribution and transformation, in any of the forms known to date, of all the information and/or content that is directly or indirectly provided by the user to MADEL or made available through ZONING CLOUD. Thus, MADEL reserves the right to use, reproduce, modify, translate, transmit or distribute any information, opinion, comment and/or content provided by the User through ZONING CLOUD, for any possible use thereof, including their commercial use, without the need for any additional consent, notification or compensation for the user.
The use of ZONING CLOUD remains under the sole liability of the user. MADEL does not accept any liability for deletion or incapacity to store or transmit any content or information held or transmitted by the application; nor is it liable for the accuracy or reliability of any information or advice transmitted via the application. MADEL may, at any time, limit or interrupt the use of ZONING CLOUD without any limitation.
Under no circumstances shall MADEL be liable for any damage, whether direct or indirect, which may be caused as a result of the use of ZONING CLOUD, including, but not limited to, infringement of third-party rights, consequential damage, lost profits or damage caused by loss of data or malfunction.
3.12 Applicable law and jurisdiction
These General Terms and Conditions of Access and Use are governed by Spanish law. For the hearing of any dispute or lawsuit, the Courts and Tribunals of Vic (Barcelona) – SPAIN shall be competent, with express waiver of their own jurisdiction, if applicable.
The full text of this agreement, as well as the documents derived from it, included as the Annexes, have been written in English, French, Italian and Spanish, all of which are considered to be official versions, although the Spanish version is defined as the primary and only one for interpretation.
The user acknowledges that they have read and understood the contents of these Terms and Conditions and that they agree to comply with all their provisions.