TERMS OF SERVICE

 

These Terms of Service (these Terms) sets forth the terms and conditions that govern your (you or the End User) use of the Service. The Service is a solution which collects, analyses and presents several types of data, such as energy usage, climate and other sensor data. The Service is developed and provided by and MClimate Jsc (MClimate), a Bulgarian corporation, org. no. 204664844. Please read these Terms carefully. These Terms constitutes a binding legal agreement between you and MClimate.

 

Please note that by registering for and/or using the Service you are indicating that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, then you have no right to access or use the Service. To register an account for the Service you must be 18 years or older or have parental permission.

 

MClimate owns all intellectual property rights in and to the Service and permits you to use the Service only in accordance with these Terms.

 

1. REGISTRATION

 

You acknowledge and agree that you will provide true, accurate, current, and complete information as requested when registering an account, and maintain and update such information to keep it true, accurate, current, and complete. MClimate reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be false, inaccurate, not current or incomplete.

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Service.

 

2. USE OF THE SERVICE

 

You agree to act in conformity with any instructions given by MClimate regarding the use of the Service, and to not use the Service for any purpose that is not in compliance with applicable law or these Terms. You are solely responsible for all use of your account and any actions that take place through your account. Neither MClimate nor its subcontractors are responsible for any unauthorised access to the Service as a result of your negligence.

 

3. LINKS TO OTHER WEBSITES

 

Within the Service, you may find links to websites provided by third parties. MClimate has no control of or responsibility for such linked websites or its content and shall not be held liable for any damages arising in connection with the use of services available on linked websites. MClimate recommends that you read the respective terms of service and privacy policies of such third-party websites.

 

 

4. PERSONAL DATA

 

For information regarding how MClimate collects and uses your personal data in connection with your use of the Service, please see MClimates Privacy Policy.

 

5. WARRANTIES AND LIMITATION OF LIABILITY

 

The Service is provided as is and use of the Service is at your own risk. MClimate is not responsible under any circumstances for any direct or indirect damage, cost, loss or liability which may arise as a result of the use of the Service.

 

MClimate make no warranties, implied or expressed, regarding the Service or features that are provided through the Service. MCLimate does not give any warranties in respect of the fitness for a particular purpose, availability, accuracy of, and/or any results that may be achieved by the Service.MClimate does not give any guarantees that the Service is without fault or work without interference.

 

6. INTELLECTUAL PROPERTY RIGHTS

 

MClimate owns all intellectual property rights associated with the Service including, but not limited to, patents, copyright and design rights. All trademarks, logos, icons, images, design, interface, texts and other materials in the Service are owned by MClimate. Use, duplication or reproduction is prohibited without MClimates written approval. Comments and suggestions from you of possible improvements of the Service accrue to MClimate without MClimate having any obligation to compensate you or your business.

 

7. ENTIRE AGREEMENT

 

These Terms constitutes the entire agreement between the parties with respect to the Service and supersedes all previous written or oral agreements between the parties with respect to the Service. MClimate may assign its rights under these Terms without notice to you.

 

8. CHANGES TO THESE TERMS OR THE SERVICE

 

MClimate  reserves the right, at its sole discretion, to update or revise these Terms at any time, e.g. by introducing the possibility of paid for Premium Accounts. Such changes shall be effective upon posting in the Service or on MClimates website. Please check these Terms periodically for changes. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications hereof.

 

MClimate reserves the right to at any time terminate, suspend, remove, change or modify any aspect of the Service, including but not limited to, features and functionality. Such changes and modifications introduced to the Service will be subject to what is stipulated in these Terms.

 

9. TERMINATION

 

MClimate has the right, at its own sole discretion, to terminate these Terms and suspend you from using the Service with immediate effect, without any liability of MClimate, if you violate these Terms.

 

10. SEVERABILITY

 

If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

11. LAW AND JURISDICTION

 

These Terms shall be governed by and construed in accordance with the laws of Bulgaria, excluding its choice of law principles. You agree that the District Court of Sofia shall be used as first instance for any cause of action arising out of or relating to Service or these Terms.