EULA 2023.04.19

EULA

§ 1. Terms of service and end user license agreement (“EULA”)

§ 1.1. Applicable from: 2019-10-02
§ 1.2. EULA is an agreement between You and Telldus Technologies AB, and its affiliates (”Telldus”) and applies to Your use of the Telldus Services (as specified below). You must read, agree with and accept all of the terms and conditions contained in this agreement to be able to use the services.
§ 1.3. THIS SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE TELLDUS SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE TELLDUS SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
§ 1.4. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR ACCESS THE TELLDUS SERVICES.

§ 2. Definitions

§ 2.1. “Hardware” means all hardware distributed, manufactured, or otherwise created by Telldus or its affiliates including, but not limited to, TellStick, TellStick Duo, and TellStick Net. Hardware also covers all Devices, sensors distributed, manufactured or otherwise created by Telldus or its affiliates.
§ 2.2. “Software” means all software programs distributed, published or otherwise made available by Telldus or its affiliates.
§ 2.3. “Services” means all services made available by Telldus, including but not limited to services accessed through use of computer or cellphone by means of a browser or other online communication method.
§ 2.4. Hardware, Software and Services are collectively referred to as “Telldus Services”.

§ 3. License

§ 3.1. Subject to this EULA and its terms and conditions, Telldus hereby grants You a personal, non-exclusive, non-transferable, non-sub licensable, limited right and license to use one copy of the Software for Your personal non-commercial use. The rights granted herein are subject to Your compliance with this EULA. The Software is being licensed to You and You hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

§ 4. Terms of License

§ 4.1. In connection with Your use of our website, Your Account, or the Telldus services, or in the course of Your interactions with Telldus, other Users, or third parties, You will not:
§ 4.1.1. Breach this Agreement or any other agreement or policy that You have agreed to with Telldus.
§ 4.1.2. Infringe Telldus´ or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
§ 4.1.3. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
§ 4.1.4. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information.
§ 4.1.5. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.
§ 4.1.6. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Telldus services.
§ 4.1.7. Take any action that may cause us to lose any of the services from our internet service providers or other suppliers.
§ 4.1.8. Distribute, license, loan or sell the Software or any other content that is contained or displayed in it
§ 4.1.9. Reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Software. Exceptions are applied only to Source code and/or Software that is made available by Telldus under written permission for rights of usage or rights for modifications or personal usage.
§ 4.1.10. Remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Software.
You acknowledge and agree that any actual breach of this EULA will constitute immediate, irreparable harm to Telldus for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
§ 4.2. The term of Your licenses under this EULA shall commence on the date that You accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either Your disposal of the Software and/or Services or Telldus’ termination of this EULA. Your license terminates immediately if You attempt to circumvent any technical protection measures used in connection with the Software and/or Services or You otherwise use the Software and/or Services in breach of the terms of this EULA.
§ 4.3. Upon the termination of this EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by TELLDUS, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available.
§ 4.4. The Telldus Services require and are dependent on an active Internet connection to access the Telldus Services or its internet-based features, including but not limited to, authenticate the Software or perform control of electronics or similar. In order for certain features of the Telldus Services to operate properly, You may be required to have and maintain:
§ 4.4.1. an adequate internet connection and/or
§ 4.4.2. a valid and active account with an online service as set forth in the documentation related to Telldus Services.
§ 4.5. By using the Telldus Services, You acknowledge and agree that third party data transfer fees may apply depending on Your data plan. Please consult Your carrier for further information. IF YOU DO NOT MAINTAIN SUCH ACCOUNTS, THEN THE TELLDUS SERVICES OR CERTAIN FEATURES OF THE TELLDUS SERVICES MAY NOT OPERATE OR MAY CEASE TO FUNCTION PROPERLY, EITHER IN WHOLE OR IN PART.

§ 5. Your Obligation as a customer to Telldus

§ 5.1. By giving your consent to be a customer of Telldus and subscribing to Telldus provided Services; your obligation as a customer is maintain timely updates to information. This is connected to information that you provide (according to Telldus Terms and Conditions , as stated in § 4 & Privacy Policy, as per GDPR) for using the Service(s) provided directly by Telldus or its affiliates.

§ 6. Third Party Services

§ 6.1. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

§7 . Subscription Services

§ 7.1. Telldus may from time to time, offer Subscription Services which could be provided through third party and partners or through Telldus directly. Those services may be subjected to different Terms & Conditions; in which case, the Service Terms and Conditions and Telldus Services EULA together may become applicable.
§7.2. Under these service types, if the service contract is governed by a monthly subscription fee and/or has a time duration of six (6), twelve (12), twenty four (24) or more months; Telldus reserves the rights to change/update the monthly cost. This change/update can be applicable during the period of the service or after the service duration time is over. This change/update can impact the hardware configuration (service package), service price and duration of the service (time).
§7.3. If the service is governed by a binding time as mentioned in § 7.2; and the binding time expires, the agreed subscription service will continue if you do not inform Telldus in writing, one month before the service time expires. During this change, Telldus owns the right to change the terms and conditions during this period.
§7.4. For Subscription services, where you have the responsibility to pay Telldus and/or its partners a monthly fee; we reserve the right to charge for reminder fee along with the surcharge for late payment; which you are obligated to pay according to inkasso lagen, as defined under Swedish Regulations. Furthermore, Telldus and/or its partners reserve the right to charge 25SEK per month per paper invoice which you are obligated to pay, if you make a choice to receive paper invoice for each month of the subscription service.

§8 . Insurance

§ 8.1. The Insurance Plan T&C described here is connected to insuring the Telldus Gateways only which are distributed, manufactured, or otherwise created by Telldus or its affiliates.
§ 8.2. The Insurance plan is not applicable to any other devices and sensors sold, distributed, manufactured or otherwise created by Telldus, sold under the name of Telldus, or sold as a partner product by Telldus or independently by any other entity.
§ 8.3. The Insurance Plan covers the following Telldus Gateways : TellStick NET, TellStick NET V2, TellStick ZNET Lite V1, TellStick ZNET Lite V2 and TellStick Flow. The Insurance plan does not cover TellStick Duo and TellStick Classic.
§ 8.4. The insurance plan is counted from the day of Activation of the Plan and covers only the designated Gateway in your premises. In short, one insurance plan is connected to one Gateway. In case, you own 3 gateways under your subscription (Basic Access or Premium Access) you must insure each gateway separately.
§ 8.5. The Insurance once activated will continue and will be renewed automatically. If you would like to terminate the Insurance, login to https://live.telldus.com, go to your profile page and cancel Insurance connected to the TellStick(s).
§ 8.5.1. If you plan to transfer the TellStick Ownership to someone else, make sure that you have terminated the Insurance (see § 8.5.) BEFORE starting the transfer. An active Tellstick with an active Insurance will not be transferred.
§ 8.6. During an active Insurance Period, if your gateway has been diagnosed by Telldus as being faulty/malfunctioning as per the criteria defined by § 8.7 at the time when there is an active insurance for that gateay, then you will be asked to send the Gateway to Telldus where the Telldus Technical Team will evaluate the problem and verify the Gateway fault.
§ 8.6.1. If a gateway is verified as faulty subject to § 8.7, The Insurance Plan covers free repair service if the Gateway is detected with a hardware fault and is not under the warranty period. The gateway will be repaired and will be sent back to you, with the cost of shipping refunded to you either via cash payment or discount of similar price in our Webshop.
§ 8.6.2. If a gateway is verified as faulty beyond repair as subjected § 8.7 and § 8.8, you will receive a new Gateway from Telldus. Telldus will send you the same Gateway model if your Gateway model is still in Stock. If your Gateway model is not in Stock, Telldus will send you the closest model available in the current Stock. Alternatively, if your Gateway model and the available model in Stock has a considerable price difference, then Telldus can offer you upgrading to the next available model at a discounted price. The choice will rest with you as a user to chose the alternatives.
§ 8.6.3. In case, it is found that the Gateway is in full working condition and no fault has been detected, in this case you will receive back the same gateway and you will be charged for the cost incurred during shipping of the Gateway to Telldus and back to you.
§ 8.7. The Following conditions quality coverage for the claim against the Insurance Plan.
§ 8.7.1. Act of God/Force majeure that damages the functioning of the gateway; described as An event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; an inevitable accident – tornadoes, damage due to thunderstorms, earthquakes, death, extraordinarily high tides resulting in destruction, violent winds, and floods resulting in destruction.
§ 8.7.2. Software and/or hardware faults
§ 8.8. The following conditions DO NOT qualify coverage for the claim against the Insurance Plan
§ 8.8.1. You or anyone in your family has intentionally damaged the Gateway, have tampered with the Gateway and have taken steps that violates the Telldus Terms as stated in § 4.
§ 8.8.2 The Gateway is stolen, have been damaged due to fire, water leakage or any other environmental damage that was caused due to negligence or not following the proper caring instructions.

§9. Our relation with You

§ 9.1. The different Services from Telldus helps You build Your digital home.
§ 9.2. You agree that Telldus may provide notice to You including, but not limited to, posting it on our website, emailing it to the email address listed in Your account, or provide push notifications.
§ 9.3. We will attempt to respond, during our normal business hours, to technical questions that You have within a reasonable period of time.
§ 9.4. We will attempt to correct issues identified in Telldus Services by providing patches and fixes.
§ 9.5. We will attempt to distribute software upgrades on a regular basis
§ 9.6. Use the contact information as provided on https://telldus.com if You need to get in contact with the staff at Telldus.

§10 . Privacy

§ 10.1. Your privacy is important to us. Telldus takes the matters of protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy policy, which is currently posted at http://telld.us/privacy (“Privacy Policy”). The Privacy Policy is incorporated into this EULA by this reference. You agree to the use of your data in accordance with Telldus´ Privacy Statement.

§ 11. Warranty

§ 11.1. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF TELLDUS SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TELLDUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TELLDUS AND ITS AFFILIATES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

§ 12. Limitation of Liability

§ 12.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TELLDUS OR TELLDUS´ AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE TELLDUS SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TELLDUS PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Telldus´ total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

§ 13. Other terms and conditions

§ 13.1. To be eligible for subscribing to the Telldus services, You must be at least 18 years old.
§ 13.2. You authorize Telldus to make any inquiries we consider necessary to validate Your identity. This may include asking You for further information or requiring You to take steps to confirm ownership of Your email address
§ 13.3. You may close your account at any time by contacting Telldus Support. Upon account closure, we will cancel any pending scheduled jobs. This clause is not applicable to Telldus Services where you have subscribed to a service that is time bound. Time bound in months can be as specified under § 7.2. A time bound subscription Service can only be cancelled within 14 days of Service activation. After the 14 days period is over, the service cannot be cancelled unless a valid reason exists from you and is accepted by Telldus to proceed with the cancellation. If accepted, Telldus will close the Service with a onetime invoice to be paid by you which may cover any outstanding costs depending on the time left from the service end date.
§ 13.4. This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Telldus reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Telldus website. You will be deemed to have accepted such changes by continuing to use the Telldus Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
§ 13.5. Telldus may update the terms of the Privacy Policy or the Terms of Service. The latest version of the Privacy Policy is posted at http://telld.us/privacy and the Terms of Service are posted at http://telld.us/eula. It is your responsibility to remain informed of any changes as you are bound by the latest version of the Privacy Policy and Terms of Service.
§ 13.6. You acknowledge and agree that the Software may contain cryptographic functionality, the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Telldus prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.

§ 14. Governing law and dispute resolution

§ 14.1. This EULA will be governed by the laws of Sweden without reference to its choice of law rules.
§ 14.2. Any dispute, controversy or claim arising out of or in connection with this EULA or the breach, termination or invalidity thereof shall be finally settled at Telldus discretion
§ 14.2.1. at Your domicile’s competent courts; or
§ 14.2.2. by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC). The arbitration shall be conducted in Stockholm, Sweden. The language to be used in the proceedings shall be Swedish