USER SERVICE AGREEMENT
І. General Provisions
1.1. This Agreement defines the terms and conditions of use of the Heat Ceram Mobile App for the intended use of the Mobile App and access to the user's personal account. The Agreement is concluded between you (the User) and PEPE Melask, which is the owner of the Mobile App.The Agreement applies to relations with regard to the rights and interests of third parties who are not users of the Mobile App, but whose rights and interests may be affected as a result of the actions of Users of the Mobile App.
1.2. Use of the Mobile App is allowed only to a user who has accepted all the terms and conditions of this Agreement .
The User should carefully read the Agreement before using the Mobile App. By using any part of the Mobile App, the User agrees to be bound by the terms and conditions of this Agreement with Heat Ceram Mobile App.
If you do not agree with the terms of the Agreement (in whole or in part), you hereby are not given the status and rights of the user and you are prohibited from using the Mobile App, including, but not limited to, any functions of the Mobile App . When using the Mobile App functions without the User accepting this Agreement, the User shall be solely responsible for all negative consequences that may occur in connection with the use of the Mobile App functions and for damage to the User or third parties.
1.3. The terms and conditions of the Agreement apply to all users of the Mobile App – both users who do not have an account on the Mobile App (unregistered user), and users who have an account of any of the available types. An account means a combination of user information and authorization data (login, password).
1.4. The User is not entitled to use the Mobile App and cannot accept the terms of the Agreement if he or she has not reached the legal age to enter into such an agreement.
1.5. If the laws of the country where the User resides prohibits the use of the Mobile App for any reason, the User should refrain from using the Mobile App, and if the User continues to use the Mobile App, he or she shall do this at his/her own risk and responsibility with all the terms of this Agreement remain in force.
1.6. Registration of the User on the in the Mobile App means full and unconditional acceptance of this Agreement by the User.
1.7. This Agreement may be unilaterally amended and/or supplemented by PEPE Melask without any special notice. This Agreement is an open and public document. PEPE Melask recommends that Users regularly check the terms of this Agreement for amendments and/or additions. Continued use of the Mobile App by the User after introduction of amendmentsand/or additions to this Agreement shall mean the acceptance of such changes and/or additions by the User.
1.8. In order to use the Mobile App, you should accept this User Agreement. The User accepts the Agreement by clicking the User Agreement accept button when by installing the App on the mobile/other device. The specified actions of the User shall be considered the acceptance of this Agreement and confirmation of the User's consent to its terms.
1.9. In accordance with part of Article 641 of the Civil Code of Ukraine, the terms and conditions of this Agreement is a public offer a Proposal to conclude an accession agreement with PEPE Melask under article 634 of the Civil Code of Ukraine, according to which PEPE Melask provides the User with free access to the functions of the Mobile App under this Agreement.
1.10 Requests, suggestions and claims of individuals and legal entities to PEPE Melask related to the content and operation of the Mobile App, violations of the rights and interests of third parties, requirements of the legislation of Ukraine, as well as requests of persons authorized by the legislation of Ukraine can be sent to the
1.11 This Agreement is drawn up in accordance with the legislation of Ukraine. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of Ukraine. By agreeing to the terms of this Agreement, the User confirms his/her legal capacity.
1.12. The present Agreement shall come into force from the moment of registration of the user as a User on the Mobile App and shall be in force until its termination by any of the Parties.
1.13 The existing Mobile App, as well as any of its development, or addition of new services to it, shall be the subject of this Agreement.
2.1. Mobile App means the software available to the User through the App Store subject to the full compliance with the Agreement.It is an information application developed for mobile devices running Android and Apple iOS operating systems. Intellectual property rights to the Mobile App and its elements belong to PEPE Melask.
2.2. Acceptance means full, unconditional and unconditional acceptance by the User of the terms of the Offer of this Agreement without signing a written copy of the Agreement by the Parties. The response to consent to conclude an agreement on conditions other than that proposed in the Offer is not considered an acceptance.
2.3. User means a person registered on the Site as a user for the purpose of controlling devices manufactured by PEPE Melask and entered into an Agreement with PEPE Melask by accepting the Offer.
2.4. User’s Personal Account means a set of protected pages of the Mobile App, created as a result of user registration, using which the User has the ability to remotely control his/her devices manufactured by PEPE Melask, the ability to change user information, password, and other actions provided by the explicit functions of the Personal Account.
2.5. Parties mean PEPE Melask and the User.
All other terms and definitions found in the text of the Agreement shall be used by the Parties in accordance with the legislation of Ukraine taking into account the specifics of international treaties and the usual rules of interpretation of relevant terms formed on the Internet.
ІІІ.Subject of the Agreement
3.1. PEPE Melask provides users of the Mobile App, free of charge, with the possibility of remote control of temperature controllers / other devices manufactured by PEPE Melask , receiving information from such devices, controlling, turning on/off, etc.
3.2. The use the Mobile App requires an Internet connection. PEPE Melask is not responsible for possible negative consequences for the User, caused by the inability to connect to the Internet / inability to transmit information / interruption of communication, etc.
IV. Registration on the Site and User Status
4.1. The registration of the User on the Mobile App is free and voluntary.
4.2. Users of the Mobile App may be legal entities duly registered in the prescribed manner and/or individual users registered on the Mobile App and who have accepted the terms of this Agreement that have reached the age of 18 years.
4.3. When registering on the Mobile App, the User shall provide the Site Administration with the necessary reliable and relevant information for the formation of a personal account, including a unique login (email address) for each User. The registration form of the Mobile App may request additional information from the User, both during registration and after it.
4.4. The User shall beliable for the reliability, relevance, completeness of the provided information and the absence of third party claims thereto during registration in accordance with the legislation of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
4.5. After providing the information specified in clause 4.3 hereof and the correct sequential implementation of all registration actions, a personal page / user account is created to which the user adds his/her devices.
4.6. When registering, the User agrees with this Agreement and assumes the rights and obligations specified herein related to the use and operation of the Mobile App.
4.7. By accepting this Agreement by registration on the Mobile App installation on a mobile device, the User confirms his/her consent to the processing of his/her personal data provided during registration, as well as the data placed voluntarily by the User. Processing of personal data is carried out in accordance with the legislation of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols. PEPE Melask processes the User’s personal data in order to provide users with services, including research and analysis of such data, which allows maintaining and improving the services and sections of the Site, as well as developing new services and sections of the Mobile App .
4.8. The login and password provided by the User are the necessary and sufficient information for the User's access to the Mobile App.The User has no right to transfer his/her login and password to third parties, is fully responsible for their safety, choosing the way of their storage.
4.9. Unless otherwise confirmed by the User, any actions taken with the use of his/her login and password shall be deemed performed by the respective User.
V. Rights and Obligations of the Parties
5.1. Rights and obligations of the User.
5.1.1. The User shall have the right to:
188.8.131.52. Use all the services available in the Mobile App;
184.108.40.206. Use the Mobile App exclusively for the purposes and procedure provided for by the Agreement and not prohibited by the legislation of Ukraine.
5.2.1 The User shall:
220.127.116.11. Properly comply with the terms of this Agreement;
18.104.22.168. Independently ensure non-disclosure (confidentiality) of data stored in the account, including password, and shall be responsible for their disclosure in any way, including for all risks and losses arising in this connection. Disclosure of account information is considered a material violation of this Agreement. The User shall be responsible for all actions performed under his/her account and with the use of his/her username and password, as well as for all actions committed from his/her Mobile device on which the App is used.
22.214.171.124. Not use the Mobile App for any other purposes, except for purposes related to personal use.
126.96.36.199. Not use the Mobile App in violation of the rights and legitimate interests of third parties and the laws of Ukraine.
188.8.131.52. Comply with the provisions of the current legislation of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions, protocols, this Agreement and other special documents of the Mobile App.
184.108.40.206. When using the Mobile App, the User is strictly prohibited: to register as a User on behalf of or instead of another person, to create a “fake account”; to mislead with regard tohis/her personality, as well as any other inaccurate information;
220.127.116.11. Not to try to access the username and password of another User in any way, including, but not limited to, by deceit, breach of trust, hacking, etc.;
5.3. Rights and obligations of: PEPE Melask
5.3.1. PEPE Melask shall have the right to:
18.104.22.168. Send the User information in any form about the functioning of the Mobile App, including posting informational and other messages inside the Mobile App.
22.214.171.124. Assign the rights and obligations under this Agreement to third parties in order to implement this Agreement without the additional consent of the User.
126.96.36.199. Collect and use technical specifications and related information, including, but not limited to, technical specifications of devices, as well as software of the User’s device. This information is collected periodically and is intended to simplify the provision of software updates and technical support to the User.
188.8.131.52. Use this information (under condition that it is not possible to establish the identity of the User) in order to improve its products or provide you with their services and technologies.
184.108.40.206. At its discretion, change, edit, delete any Content from the Mobile App.
220.127.116.11. Direct the user, place in a space limited by the user’s access, advertising and informational messages at his discretion.
18.104.22.168. Amend this Agreement at its discretion.
22.214.171.124. At any time, change the design of the Mobile App, its contents, list of services, change or supplement the use of scripts, software and other items used or stored on the Mobile App, any server applications at any time with or without prior notice.
126.96.36.199. Dispose of statistical information related to the operation of the Mobile App for the purposes of organizing the operation and technical support of the Mobile App and the implementation of this Agreement.
5.3.2. PEPE Melask shall:
188.8.131.52. protect the User account from unauthorized access
184.108.40.206. At the request of the User, provide information on the use of the Mobile App.
VI. Intellectual Property Terms
6.1. PEPE Melask shall have the exclusive rights to the Mobile App.
6.2. All items published on the in the Mobile App, including design elements, text, graphic images, illustrations, scripts, sounds and other items and their collections (the Content) shall be considered items covered by exclusive rights with all rights to these items being protected. All items (Content) located on the pages of the site contain confidential information and are protected by the laws of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
6.2. Any use of the Mobile App, except as permitted in this Agreement or in the case of the explicit consent of the copyright holder to such use, without prior written permission of the copyright holder is strictly prohibited.
6.3. For the purposes of this Agreement and for the period of its validity, PEPE Melask grants the User a non-exclusive right (non-exclusive license) to access and use the Mobile App on a free basis in the following ways:
- using mobile devices:
- theright to install (write to the memory of a Mobile device);
- the right to launch the Mobile App solely for its use by the User personally.
6.4. Mobile App license is nonselective.
6.5. The license also covers updates, additions, additional components that may be provided, or access to which may be provided by PEPE Melask when using the Mobile App by the User.
VII. WARRANTIES AND LIABILITY OF THE PARTIES
7.1. PEPE Melask provides the technical ability to use the Mobile App by the Users, but does not control and is not responsible for the actions or omissions of any persons in relation to the use of the Mobile App.
7.2. PEPE Melask ensures the functioning and operability of the Mobile App.
7.3. PEPE Melask shall not be liable:
for technical failures of the Internet when using the Mobile App by the User, as well as for all negative associated consequences;
for temporary failures and interruptions in the operation of the Mobile App and the resulted loss of information;
for any losses incurred by the User or other persons, mobile devices, computers, any other equipment or property of the User or third parties, caused or associated with the use of remote control devices (temperature controllers) by the User;
for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software for technical reasons;
for viruses on the Mobile App, as well as for the possible consequences of infection of the User's mobile device with viruses or of other malicious programs getting onto the User's mobile device.
PEPE Melask shall not compensate and shall not be liable for any losses, including lost profits, moral and other harm caused to the User or third parties as a result of their use of the Mobile App, as well as in all other cases provided for by this Agreement.
for the lack of communication between the device (temperature controller) and the server.
for the inability to connect the device to the cloud (other than factory defects).
for hacking of the User’s account by intruders, and obtaining data from devices of temperature controllers (controllers), or access to control.
in the event of a malfunction in the software of the device with the load turned on, when the control over the operation of the device is solely the responsibility of the User.
if the User disconnected the device from the power supply network resulted the device clock fault, and, after power was supplied, the device connected to the cloud, which led to the operation of the device in the Manual mode, even if there was a Schedule mode before shutdown, and this led to an increase/decrease in the expected temperature, and/or excessive energy consumption.
if the User, having failed to understand the functions of the Mobile App, has configured the device (controller) to operation result negative consequences.
if the User is unable to independently configure the functions of the Mobile App.
in case of unsuccessful software updates that the User performed through the Mobile App.
for violation of this Agreement by the User.
7.4. PEPE Melask provides the opportunity to the User to use the Mobile App as is without any additional guarantees. By using the Mobile App, the User agrees that he or she uses them at his/her own risk and is personally responsible for the possible consequences of use, including for damage that may cause the computer, mobile device or property of the User or property of third parties or any other damage.
7.5. Under no circumstances will PEPE Melask or its representatives be liable to the User or any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, caused in connection with the use of the Mobile App.
7.6. PEPE Melask shall make all efforts to preserve information, but shall not guarantee its safety in case of force majeure circumstances.
7.7. The user fully understands and agrees that PEPE Melask does not guarantee the absence of errors and malfunctions, including the operation of the software of the Mobile App, and will make every effort to eliminate any malfunctions and errors if they occur, to the maximum short time.
7.8. PEPE Melask disclaims all warranties that the Mobile App or its services may or may not be suitable for specific purposes of use. PEPE Melask cannot guarantee and does not promise any specific results from the use of the Mobile App and/or their services.
7.9. The User shall guarantee that he or she will not take any actions aimed at causing harm to the owner of the rights to the Mobile App. In case of violation of the rules for using the Mobile App, the User agrees to indemnify PEPE Melask for the resulted damage.
7.10. Considering the international nature of the Internet, the User shall assume responsibility for compliance with all relevant rules and laws regarding the User’s actions on the Internet.
7.11. PEPE Melask shall not guarantee that the Mobile App
7.12. The User agrees with the following features of the Mobile App and agrees that such features shall not be grounds for any claims to PEPE Melask.
Features of the functioning of the Mobile App:
Statistics of the device (graphs, charts) can be lost over a period from __________________to_______________________. In this case, the operability of the device during this period will be preserved.
Calculation of the consumed power, the cost of the consumed electricity, which are calculated by the device and are published on the in the Mobile App, may differ from the actual one.
When controlling the device (temperature controller), the device may reboot up to PEPE Melask a day with the load off.
There may be a lack of alerts by the device to the User, due to a server malfunction, if such alerts are provided by the device’s functionality.
If the User has disconnected the device from the power supply and the Internet, the device may lose time settings, which will lead to manual control of the device.
There may be a loss of statistics, device schedules.
8.1. The User voluntarily provides PEPE Melask with personal information, namely: any information that the user provides about himself/herself when filling out the Profile section or in the process of using the Mobile App, including the User’s personal data.
8.2. By publishing personal data on the in the Mobile App, the User confirms that he or she does this voluntarily.
8.3. The User gives consent to the processing of his/her personal data, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution, depersonalization, blocking, destruction, other use of personal data for the following purposes of fulfilling the terms of this Agreement.
8.4. These terms and conditions for the processing of personal data have been developed in accordance with the laws of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
8.5. All Users who have filled in the information constituting personal data on the in the Mobile App and have also posted other information, confirm by the above actions their consent to the processing of personal data and their transfer to the personal data processing operator.
8.6. Processing of personal data is carried out by using databases located in Ukraine.
8.7. The user can withdraw consent to the processing of personal data at any time by sending PEPE Melask notification (statement) to the address specified in clause 1.10 hereof by registered letter with delivery confirmation. The User agrees that PEPE Melask shall retain the right to process the user's personal data in cases provided for by the laws of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
8.9. The User agrees to receive newsletters and promotional materials from PEPE Melask, or from other persons on behalf of PEPE Melask, to the email address and mobile phone number specified by the User when registering on the Mobile App.
8.10. Consent to receive newsletters and promotional materials may be withdrawn by the User at any time by sending a notification to PEPE Melask at the address specified in clause 1.10 hereof by registered mail with a receipt of receipt. After receiving a notification, PEPE Melask shall stop sending an e-mail message with advertising materials specified by the User during registration.
8.11. In the event the User in any way has become aware of information regarding PEPE Melask and/or third parties when using the Mobile App, that relates to confidential and/or Commercial secrets under the laws of Ukraine, the User shall be prohibited from storing, using and distributing such information.
XI. Final Provisions
9.1. This Agreement is governed by and construed in accordance with the laws of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of Ukraine, as well as international law.
9.2. In the event of any disputes or disagreements related to the execution of this Agreement, the User and PEPE Melask shall make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, such disputes shall be resolved in the manner prescribed by the current legislation of Ukraine, treaties and agreements of the CIS countries, as well as the norms of international treaties, agreements, conventions and protocols.
9.3. This Agreement shall enter into force upon joining and is valid for an indefinite period.
9.4. This Agreement is made in Ukrainian and may be provided to the User for review in another language. In the event of a discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement shall apply.
9.5. If, for one reason or another, one or more of the provisions of this Agreement is declared invalid or does not have legal force, this does not affect the validity or applicability of the remaining provisions of this Agreement.
9.6. PEPE Melask shall have the right to amend this Agreement. All amendments to the Agreement shall be available in the form of a new version of the Agreement at PEPE Melask. All amendmentsto the Agreement shall come into force from the moment of their publication. By using the Mobile App, the User confirms acceptance of the new terms of the Agreement as amended as of the time the User used the Mobile App.
9.7. PEPE Melask shall not be liable for damage or loss incurred by the User or third parties as a result of an erroneous understanding or misunderstanding of the terms of this Agreement, instructions on how to use Mobile App.