• Privacy Policy
• Terms and conditions

SERVICE AGREEMENT FOR THE FERROLI HOME APP

Welcome to the Ferroli Home app!

Before accepting the Contract, you are required to read the entire content of the Contract in full and to familiarize yourself with all the conditions, especially the restrictive clauses or exceptions. In case of doubts regarding the conditions of the Contract, please contact the Ferroli S.p.A. Assistance Service. It is not allowed to use the service before having read and accepted all the conditions of the Agreement, the related agreements and regulations, etc. After selecting "I agree and agree to the Agreement" (see registration page for exact wording) and completing the registration process, or having used the service in any form, it will be assumed that you have read and approved the Agreement restrictions and regulations above. In the event of breach of the Contract, Ferroli has the right to unilaterally limit, suspend or interrupt the service on your behalf, and has the right to ascertain your responsibilities.

The Service Contract (hereinafter referred to as "the Contract") is stipulated between the user and Ferroli S.p.A. (hereinafter referred to as "Ferroli"). It includes (by way of example only) the privacy policy of the Ferroli Home app and other contents. Ferroli will take care to announce any changes on its official website, without further notice. At the time of announcement, the modified agreement and regulation will automatically become an integral part of the Contract, without further notices requesting your consent. If you object to these changes, please stop using the Ferroli service; by continuing to use it it will be assumed that you have no objection to the rule changes and that you agree to abide by them.

1. Definition of terms
   1. "Software offered under license" means a software system developed by third parties on the basis of instructions from Ferroli S.p.A., downloadable from the Google Play Store or Apple App Store, and installed on the indicated mobile devices.
   2. "Services" means the services provided by Ferroli S.p.A. They can be used on a mobile device through the licensed software.
2. Service
   1. Ferroli offers remote and intelligent management services, through applications that use the Third Party Cloud platform, for remote connection with these and, possibly, the interconnection of the various devices. The service contents include intelligent equipment management, interconnection of various usage scenarios and analysis reports, etc. These functions can be optimized or modified based on changes in user requests or in the opinion of the service provider, and the provision of the service can be suspended due to ordinary and extraordinary maintenance.
3. Object of the service
   1. Ferroli grants the user the right to use the product based on this software.
   2. You are prohibited from licensing, selling, renting, transferring, distributing the product in any form, or using the product for commercial purposes. Due to limitations on the software adaptation platform and terminals, you may use the Licensed Software only within the authorized system platform and terminal; installing the licensed software on another terminal could damage the hardware or the software functions.
   3. You acknowledge and agree that the licensed software may be used for non-commercial purposes only and the installation, application and execution of the licensed software is prohibited. If such a commercial operation is necessary, the prior written authorization and permission of Ferroli must be obtained.
   4. Ferroli has the right to modify, update or transfer the licensed software or related functions, as well as add new functions or services to the licensed software system. If the addition of new functions or services is not accompanied by specific agreements, the user is entitled to use the corresponding functions and services, which are also governed by the Agreement.
   5. You are responsible for the accuracy, reliability, integrity and legality of the data you enter and for the legality of how the data was obtained, and you shall back up your data and information from time to time. The user assumes all risk related to damage and loss of such information.
   6. You are responsible for keeping your account number and password properly. In the event of a security breach in your account (including, without limitation, disclosure of your password), you must promptly inform Ferroli, which will provide you with assistance in adopting the most appropriate measures. Otherwise, it will be assumed that all behavior relating to the account is attributable to the user, who will bear all responsibility.
4. Third parties
   1. The user acknowledges and accepts that some Ferroli services are based on software or services provided by third parties. These services are intended to facilitate the use by the user and the necessary legal authorization has been obtained from the aforementioned third parties.
   2. The product includes third party information and services. Ferroli neither controls nor assumes any responsibility for information and services from third parties.
   3. The user acknowledges and accepts that Ferroli is not able to guarantee that the licensed software always uses or contains such services, or that other software supplied by the same third parties will be used in the future. Likewise, Ferroli could use similar services provided by other third parties. When used, such corresponding software or services shall be governed by this Agreement.
5. Service Application Standards
   1. The licensed software is intended for normal use. The following ways violate the usage standard:
      • Release or share any computer virus, worm, malicious code or software that knowingly damages or alters any computer system or data;
      • Collect information or data of other users without authorization, for example, e-mail address and the like;
      • Use the product in a malicious way, causing a server overload, or otherwise interfere with or damage the web server and network links;
      • Attempt to visit server data or product communication data without permission;
      • Interfere with or damage the application of the service by other users.
   2. You understand and agree that:
      • Ferroli will determine whether or not the user is involved in the violation of the above standards, and as a result the license of the application may be suspended or terminated based on the results of the determination or other restrictions will be adopted based on the agreements;
      • Ferroli will directly delete information that violates the law, or lawful rights of third parties, or that violates the Contract entered into by the user when using the licensed software;
      • If a third party suffers damage due to the violation of the application standards by the user, the user assumes autonomous legal responsibility in his own name and holds Ferroli harmless and harmless from any damage or additional expenses deriving therefrom. Otherwise, Ferroli has the right to request compensation;
      • If Ferroli suffers any damage due to the violation of the laws in force or of the Contract by the user, the user is required to compensate Ferroli for the damages and/or expenses deriving therefrom.
6. Information Content Standards
   1. The user undertakes not to perform any act that violates the law or any improper behavior in using the service; such acts and behaviors include (but are not limited to):
      • Upload, transfer or share data or information with the following characteristics:
        • or that is defamatory, false, obscene, indecent or blasphemous;
        • or that infringes copyrights, moral rights, database rights, trademark rights, patent rights, or other intellectual property rights;
        • or that violate your privacy rights or your rights under data protection legislation;
        • or which constitute a crime or incitement to commit a crime;
        • or that are in violation of provisions of the judicial or administrative authority;
        • or that incite hatred or violate discrimination legislation;
        • or that violate state secrets laws;
        • or that are in breach of contractual obligations of any kind;
        • or that contain other content prohibited by laws, rules, regulations or other regulatory provisions.
7. Privacy Policy and Data
   1. It is essential for Ferroli to protect the user's personal information. Ferroli has prepared the Privacy Policy for the Ferroli Home app, in accordance with the applicable legislation, in particular with articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data, as well as the free circulation of such data and which repeals the directive 95/46/EC (General Data Protection Regulation RGPD, also referred to as “GDPR”).
8. Exceptions
   1. Without prejudice to the provisions of laws and regulations, Ferroli will do its best to guarantee the security, validity, accuracy and reliability of the licensed software, as well as of the related technologies and information; however, Ferroli is unable to guarantee the above due to the limitations of currently available technologies. Ferroli, therefore, cannot be held responsible for any damage or loss (e.g. data) due to failures and/or delays and/or lack of accessibility to or from the application.
   2. The user acknowledges and accepts that Ferroli assumes no responsibility for direct or indirect damage caused by force majeure or non-performance by third parties. In no event shall Ferroli be held liable for any professional, consequential and/or indirect damages including, among others, lost profits and lost income, lost performance and intangible damages, suffered by the user. Furthermore, Ferroli cannot be held liable for any damages attributable to acts or omissions of the user or of a third party appointed by the user. Without prejudice to the foregoing, Ferroli's liability is in any case limited to the original purchase price of the products or, if lower, to the amount covered by Ferroli's civil liability insurance and paid in the specific case. Claims under the Product Liability Act remain unaffected.
   3. You will be liable for incidental or consequential personal injury or damages caused by or related to any of the following: 1) A third party uses the Licensed Software or modifies your data without your permission; 2) Expenses and damages are caused by the use of the licensed software; 3) You do not understand the licensed software; 4) Other damages occur relating to the licensed software caused by reasons not attributable to Ferroli.
   4. Any other licensed software not developed and released by Ferroli, or whose development and release are not carried out by Ferroli, is to be considered illegal software. Downloading, installing and using such software can cause unforeseeable risks. Ferroli will be relieved of any liability and legal controversy thus generated, and will have the right to suspend or terminate the application license and/or any other service.
   5. The user has been informed that the use of the Ferroli Home app requires an internet connection, which can be affected by unstable factors in all links. Although Ferroli has adopted safeguards, the service may be suspended, interrupted, delayed, damaged by application restrictions or malfunctions caused by intrinsic internet and electronic communication defects, as well as by factors beyond the reasonable control of any Contractor of the Contract ( including, but not limited to, fire, flood, terrorist attack, plague, natural disaster, riot, device virus, hacker attack, network failure, and terminal failure). The user therefore agrees to assume the aforementioned risks and indemnifies and holds Ferroli harmless from any liability when the normal operation of the services is affected by the occurrence of such risks.
9. Termination and Breach of Agreement
   1. The user accepts and undertakes to use the licensed software according to the purposes for which it was authorised, to respect the intellectual property of the software and its contents and to comply with the obligations established by the Contract when using Ferroli's services. Ferroli will terminate the application license in the event of a substantial breach of the Agreement.
   2. The application of the software is based on support services provided by companies related to Ferroli. Violation of the conditions, agreements, rules, announcements and other regulations of Ferroli and its related companies may cause abnormal use of the licensed software, in which case Ferroli shall have the right to terminate the application license or take measures to limit this license or other rights and interests of the user controlled by Ferroli, as determined in the Contract, including the suspension or termination of the licence.
   3. In the event of breach of the Contract or other agreements signed with Ferroli, the latter will have the right to inform the associated companies, requesting them to adopt restrictive measures on the rights and interests of the user, including the request to related companies to suspend or interrupt the partial or total provision of services to the user, and to legally announce the breach of contract on the websites managed or controlled by them.
   4. The licensed software is downloaded from the download platform and you must comply with the terms of the download platform, system platform and device manufacturer regarding the application methods and restrictions of the licensed software. If the aforementioned third party confirms the breach of the contract by the user and the need for intervention by Ferroli, the latter will have the right to terminate the user's license at the request of the third party.
   5. Upon termination of the license, you must stop using the licensed software and destroy all copies.
   6. The user assumes all responsibility as compensation if Ferroli and other users suffer damage caused by the user's violation of the contractual conditions.
10. Applicable law and partial invalidity
    1. If the user is a natural person who does not act in the context of an economic activity (trade, business, craft, liberal profession), the place of jurisdiction for all legal disputes arising directly or indirectly from this contract is exclusively the Court of the city in which the consumer has his residence.
    2. If the user is a professional (i.e. natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or his intermediary), for all disputes directly or indirectly relating to or deriving from this contract, he is the Court of Verona has exclusive jurisdiction. However, Ferroli also reserves the right to bring disputes before the competent court of the user's domicile.
    3. This contract is governed and interpreted in accordance with Italian law.
    4. If a provision or clause of this contract is ineffective or unenforceable in court, the contract will be interpreted in its entirety to produce the effect closest to the original intent of the parties.