Idderocloud — Terms and Conditions of Service
1. General terms
1.1. The General Terms and Conditions described below (hereinafter, the "General Terms") govern the contractual relationship between INGELABS, S.L. (hereinafter, "INGELABS"), a Spanish company having its head office at Av. Juan López Peñalver 21, 29590 Málaga (Spain), registered in the Mercantile Register of Málaga, Volume 4034, Book 2945, Sheet 99, Page MA-83755, Inscription 1, with VAT number ES-B92727205; and the user (hereinafter, the "User(s)"), by virtue of which a service is rendered (hereinafter, the "Service"), allowing the Users to electronically control devices manufactured by INGELABS and compatible with the idderocloud service, as described in Clause 2 of these General Terms.
1.2. The contracting and use of the Service by the User implies acceptance without reservations of the entirety of the text comprising these General Terms, which will govern the contractual relationship between INGELABS and the User. To this extent, the User declares to have read, understood and to accepted these General Terms.
1.3. These General Terms are furthermore intended to govern User registration and usage of an account (hereinafter, the "Service Account"), on the www.idderocloud.com Website (hereinafter, the "Website").
2. Description of the Service
2.1. Using the Service provided by INGELABS, the Users may electronically control any devices manufactured by INGELABS and compatible with the Service (hereinafter, the "Device(s)"). More specifically, INGELABS provides the Users with a platform so that the Users may control the Devices through the Website.
2.2. Users wishing to access the Service must have legitimately acquired a compatible Device manufactured by INGELABS. The device must have been correctly installed and configured by a qualified technician, according to the laws and regulations of the country where the device is installed.
2.3. INGELABS will make the Website available to the Users, as well as, if applicable, additional software including the Website (hereinafter, and jointly, the "Software"), under the terms and conditions established in these General Terms. If the User does not accept these General Terms or, where applicable, their subsequent updates and/or modifications, he/she must stop using the Software.
2.4. The Service governed by these General Terms is provided by INGELABS to the User free of charge, without prejudice to the price that the User paid upon acquisition of the Device or for its installation and configuration.
2.5. INGELABS reserves the right to modify the gratuitous nature of the Service and switch to a paid Service model in the future, due to market constaints, to the launch of new functions in the Service, or to any other reason. In this event, INGELABS will make the pertinent changes in the characteristics and functions of the Service and in these General Terms. Said changes will be duly communicated to the Users with at least one (1) month of advance notice through the means established in these General Terms.
3. Updates to the General Terms
3.1. INGELABS reserves the right to make, at any time, the modifications, updates, or changes that it deems appropriate to these General Terms.
3.2. If INGELABS chooses to make modifications, updates, or changes to these General Terms, INGELABS will notify the User via the publication of a new version of the General Terms on the Website, and/or by sending an email to the email address associated to the Service Account. The User will need to accept the new version of the General Terms in order to continue using the Service. If the User does not wish to use the Service according to the new version of the General Terms, then he/she can cancel the Service Account and terminate the contractual relationship.
4. User registration procedure
4.1. In order to sign up for the service through the Website, the User must correctly and fully complete the registration form on the Website with the requested information, including: First name, email address, language, and country. The User will also need to confirm acceptance of these General Terms, by selecting the corresponding option in the registration form.
4.2. The information provided on the Website registration form must be correct and up-to-date. INGELABS reserves the right to delete Service Accounts for Users that provide false or incorrect personal information.
4.3. Once the registration form has been completed and submitted, the User will receive a confirmation email at the email address provided during registration, containing a URL that must be followed in order to successfully complete the registration process.
4.4. Once the registration process has completed successfully, a Service Account will automatically be opened through which the User will be able to manage his/her use of the Service.
5. Means of identification and notifications
5.1. Upon registration the User must choose a password to access the Service through the Website. If this password is lost or forgotten, the User may request a password reset through a form in the Website. If a password reset is requested, an email with further instructions will be sent to the email address associated with the Service Account.
5.2. Passwords are strictly personal and non-transferable, and may not be shared, even on a temporary basis, with third parties.
5.3. INGELABS will not be responsible under any circumstances for access by third parties to the Service Account, and will under no circumstances assume any liability arising as a consequence of unauthorised use of a password by any person or as a result of unauthorised access to the Service Account.
5.4. If the User is aware of or suspects the loss, theft or use of his/her password by a third party, he/she must proceed as soon as possible to change or reset his/herpassword through the Website.
5.5. INGELABS may send email notifications to the User via the email address associated with the Service Account, containing relevant information related to the installation, alerts or operating errors of the Devices or in the Service, or significant changes or improvements in the Devices or in the Service.
6. Rights and obligations of the User
6.1. The User declares, guarantees and agrees that he/she:
- Is aware of, understands and accepts these General Terms, along with the operation and utility of the Service and of the other elements of these General Terms.
- Has provided only true, correct, and complete information to INGELABS.
- Is of legal age and in full control of his/her faculties.
- Is the sole party responsible for the diligent and appropriate use of the Service, as well as the Devices.
- Undertakes to use the Service, the Software, and the Website appropriately without causing harm to INGELABS, in full accordance with these General Terms and the applicable legislation. In particular, he/she undertakes not to alter or harm in any way, whether fully or in part, the Service, the Software, or the Website. INGELABS will be entitled to close a User Service Account in the event of non-compliance with this obligation. Any losses or damages that the User may cause to INGELABS as a consequence of the alteration caused in the Service, the Software, or the Website will be the exclusive responsibility of the User who caused them.
6.2. It is the obligation and responsibility of the Users to comply with the legislation applicable to them, as well as to be aware of and accept the version of these General Terms applicable in the country in which the Service is provided.
7. Rights and obligations of INGELABS
7.1. INGELABS undertakes to fulfil each and every one of the obligations arising from these General Terms.
7.2. INGELABS will be entitled to:
- Modify, at its discretion and without prior notice, the structure and design of the Service, and to update, modify, or disable all or part of the Service and the conditions for access thereto, in accordance with the provisions of these General Terms.
- Protect the rights of INGELABS undertaking any appropriate legal or judicial actions, demanding any compensation which could arise from undue or illicit use of all or part of the Service.
7.3. INGELABS will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, INGELABS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. The User understands, agrees, and accepts that INGELABS has no obligation to maintain, support, upgrade, or update the Service. This clause will be enforced to the extent permissible by applicable law.
8. Warranty, disclaimer, and limitation
8.1. INGELABS will not be liable for errors, faulty operation, or, in general, for any problem not attributable to INGELABS. Specifically, but without limitation, INGELABS will not be liable for any problem arising from any technical cause related o access and operation of Internet. Furthermore, INGELABS will not be liable for anomalies arising from any fraudulent or culpable action on the part of the User and/or from force majeure.
8.2. INGELABS will not be liable for technical problems or problems of any other nature affecting the equipment, appliances or systems interacting with the Devices, nor will it in any case be obliged to respond to or resolve claims or complaints related thereto.
8.3. INGELABS ENDEAVOURS TO PROVIDE THE BEST POSSIBLE SERVICE; HOWEVER, THE USER UNDERSTANDS AND AGREES THAT THE IDDEROCLOUD SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE USER USES THE IDDEROCLOUD SERVICE AT HIS/HER OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INGELABS MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INGELABS DOES NOT WARRANT THAT THE IDDEROCLOUD SERVICE IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, INGELABS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER PROVIDED CONTENT.
8.4. THE USER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HIS/HER SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE IDDEROCLOUD SERVICE IS TO CANCEL THE SERVICE ACCOUNT AND TO STOP USING THE IDDEROCLOUD SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INGELABS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE IDDEROCLOUD SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER INGELABS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE IDDEROCLOUD SERVICE MORE THAN THE AMOUNTS PAID BY THE USER TO INGELABS DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
8.5. Some aspects of this section may not apply in some jurisdictions, if prohibited by applicable law. Nothing in these General Terms limits the User's statutory rights as a consumer. Nothing in these General Terms removes or limits INGELABS’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
9. Use of the Software and intellectual and industrial property rights
9.1. INGELABS grants the Users a non-transferable and non-exclusive licence, solely for the use of the Software and the contents arising from said Software during the valid term of the contractual relationship governed by these General Terms.
9.2. The use of the Software by the User will always be associated with the Service and will be made in accordance with the terms and conditions set forth in these General Terms.
9.3. All of the elements that comprise the Service, including the Software, are the exclusive property of INGELABS and/or its licensors.
9.4. The source code, structure, organisation and other aspects of the Software are protected by intellectual property laws whose ownership is held exclusively by INGELABS and/or its licensors. Consequently, the Users are strictly prohibited from:
- Copying, redistributing, publishing, performing reverse engineering, decompiling, disassembling, modifying, translating, or making any attempt to access the source code for the purpose of creating derivative versions of the source code, the object code or similar.
- Selling, assigning, sub-licensing, transferring, distributing, or renting the Software.
- Making the Software available to the public by way of an information technology network or similar.
- Exporting the Software to any country (whether using physical or electronic means).
- Using the Software in any manner prohibited by the applicable regulations and laws.
These activities will jointly be referred to as "Prohibited Practices."
9.5. The User will not acquire any intellectual property right or any other right over the Software other than the usage licence granted under these General Terms for the sole purpose of being able to correctly use the Service.
9.6. The User must notify INGELABS immediately if he/she becomes aware that any of the Prohibited Practices has been carried out by any person or entity, and must provide INGELABS with reasonable assistance in any investigation carried out as a result of the information provided.
9.7. The User is the only party liable vis-à-vis any legal, judicial or extrajudicial claim or actions, initiated by third parties against INGELABS based on the use of the Software by the User. If applicable, the User will bear any expenses, costs, and compensation payments caused to INGELABS as a result of such legal claims or actions.
9.8. The User may not use in any way the brands, logotypes, commercial names, Internet domains, or any other distinctive markings belonging to INGELABS that may appear in the Service.
11. Valid term
11.1. The contractual relationship governed by these General Terms with the User will enter into force when the User completes the registration successfully as described previoulsy in Clause 4.1, and will continue in force until its finalisation in accordance with the terms and conditions established therein.
12. Termination of contract and cancellation of the Service Account
12.1. INGELABS may unilaterally terminate the contractual relationship governed by these General Terms and close the Service Account, immediately and without prior notice, in the following cases:
- When, for any reason, INGELABS decides to interrupt the provision of the Service for technical reasons, economic circumstances, or due to an unfavourable reaction to the Service by the market, in which case said decision will be notified to the User through email with minimum advance notice of one (1) month before the Service interruption.
- In cases in which INGELABS considers that the User has breached one or more clauses of these General Terms, including cases of legal infractions or third party rights committed by the User;
- For any other general reason established under law.
12.2. Termination of the contractual relationship on the part of INGELABS for any of the aforementioned reasons will not entitle the User to claim any type of compensation.
12.3. The User may cancel the Service Account at any time through the form that is provided to this effect in the Website. When cancellation of the Service Account is requested, the User will receive an email at the email address associated with the Service Account, containing instructions to complete the cancellation process.
12.4. Following the end of the contractual relationship, the User undertakes to stop using the Software and the Service.
12.5. After the contractual relationship has ended for any reason, except if otherwise expressly established in these General Terms, neither of the parties will have any additional obligation with respect to one another. Without prejudice to the above, the right to terminate the contractual relationship will not negatively affect any other right of either of the parties arising by virtue of potential breaches by the other party.
13.1. INGELABS may assign, transfer, sub-licence, or give as a guarantee the agreement governed by these General Terms, in whole or in part, to any third party without any need to obtain the User's consent.
13.2. The User may not assign, transfer, sub-licence, or give as a guarantee the agreement governed by the General Terms or the rights or obligations corresponding to him/her by virtue thereof.
14.1. The original version of these General Terms is written in Spanish. In case of conflict with any of the translated versions of said Terms, the original Spanish version shall prevail.
15. Severability and waiver
15.1. Unless as otherwise stated in these General Terms, should any provision of the General Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the General Terms, and the application of that provision shall be enforced to the extent permitted by law.
15.2. Any failure by INGELABS to enforce any provision in these General Terms shall not waive INGELABS' right to do so.
16. Applicable law and jurisdiction
16.1. The contractual relationship governed by these General Terms, as well as the relationships between the User and INGELABS, will be governed and interpreted in accordance with the provisions of Spanish legislation.
16.2. Any discrepancy or divergence that could arise in relation to the execution of the contractual relationship with the User is subject to the jurisdiction of the Courts of Málaga, unless applicable regulations prohibit it.
Updated: August 2022