Terms and Conditions of Use for Futurehome AS
The Terms and Conditions are in place to preserve the trust relationship between you as a customer and us as a supplier, so that the customer relationship is experienced in the best way possible.
The Terms and Conditions are effective from 07/01/2017 and replace all previous Terms and Conditions.
Futurehome AS (“Futurehome”), a company registered in Norway, with business registration no. 915 671 071 and address Maridalsveien 323, 0872, Oslo, Norway offers an Internet of Things (“IoT”) and smart house (“Smart House) platform that lets you control IoT and Smart devices, either locally or over the internet, hereinafter referred to as the” Service “or “Services “.
Futurehome consists of three main components:
- A Smart Hub that communicates with your IoT devices.
- An app to control the Smart Hub.
- A cloud solution that provides communication between the app and your Smart Hub, notifications, updates, and several advanced smart house-related features and services.
This Agreement is for End Users (“User”or “Users”) and regulates the use of Futurehome’s platform. The Agreement applies to any User (including, but not limited to customers, members of the household, guests, etc.) of the Platform. By accepting the terms and conditions of use, the User agrees to the processing of personal data specified in this agreement.
By using or otherwise accessing the Service, you agree to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, you will lose access to the Service immediately.
The Service is available for your own personal use and should not be used for commercial purposes or for illegal or unauthorized use. When using the Service, you must comply with applicable international laws, including local laws in your country of residence (collectively referred to as “applicable laws”). Specifically, but without limitation, you agree not to:
- Use the Service in an unlawful manner or in a way that promotes or encourages illegal activity, including (without limitation) copyright infringement; or
- Attempt to gain unauthorized access to the Service or any networks, servers or computer systems connected to the Service; or
- Modify, adapt, translate or reverse engineer any part of the Service, or format or frame any part of the pages that comprise the Service, save to the extent expressly permitted by these Terms or by applicable laws.
Equipment purchased from Futurehome is the property of the customer. The equipment warranty complies with the regulations upon purchase, but Futurehome does not guarantee that the equipment will be able to support all future functionality. The equipment warranty does not cover damage caused by external physical influences or other circumstances such as improper use, vandalism, lightning, fire or flood and/or other similar damage that may occur during “force majeure”.
Some units and equipment purchased from Futurehome must be installed by an authorized electrical installer. You will be informed of this in the user manual for the equipment.
4. The Service
To use the services provided by Futurehome, the user must:
- Create a user profile in the app.
- Use a smartphone, tablet, browser or other device or application that supports using the app.
- Be connected to the internet or mobile network.
The user profile is unique to each user and is used to identify the user and ensure that only authorized users have access to your location.
The service provided by Futurehome offers the possibility of controlling and monitoring a variety of functions and parameters.
Features that users of the Service have access to are: control of light and temperature in the home, as well as access control and to set up a number of products to be controlled manually from the app or automatically at a given time.
In addition, the user has access to monitor a variety of parameters, such as which users of the system have opened a door or changed the temperature settings from the app. You can also monitor movement in rooms or detect whether doors or windows are open, and have access to this information historically in a timeline in the app.
Futurehome owns all rights to all patents, copyrights, trademarks and other intellectual property rights of the Futurehome trademark, the Service and all material contained therein. This material includes all information, data, text, music, audio, images, graphics and video messages, all source code and other material, as well as any updates, modifications, improvements and derivatives thereof.
The rights granted to the user for use of the service are subject to acceptance of the Terms and Conditions of use. Acceptance of the Terms and Conditions of use includes the user’s consent to:
- Not commercially utilize the service from Futurehome in any form without the explicit consent of Futurehome;
- Not modify, create derivatives or disassemble the Futurehome platform;
- Not access the Service to build a similar or competing service;
- Not upload, transmit, or distribute any computer viruses or software intended to damage or alter a computer or communications network;
- Not access (or attempt to access) any of the Futurehome Platform other than through the interfaces offered by Futurehome;
- Not remove, obscure or alter any rights statements (including trademarks and brand names) that may be contained or displayed in connection with the Futurehome Platform.
User acknowledges that use of the Service may require third party software subject to third party licenses. User accepts automatic updates of the Futurehome Service and associated third party software.
7. Third parties
Futurehome uses third parties to provide its services. The services of these third parties are beyond Futurehome’s control and the Services may be affected by the reliability of the third party. User agrees that:
- use of, and access to, the Service depends on third-party service providers;
- in some cases, the services of these third-party vendors do not work 100%, thereby affecting how the Futurehome Services function;
- Futurehome is not responsible for any damage or loss due to the operation of these third party products
The User acknowledges that Futurehome uses third-party service providers on parts of its service. For example, data storage on Amazon Web Services (AWS).
8. Liability and Limitations
Application - Customers are responsible for the installation, operation and use of the system. Futurehome cannot be held responsible for any damages, costs or problems associated with incorrect installation or use by a customer or third party.
Limited Warranty and Liability - Under no circumstances can Futurehome be held liable for indirect, incidental or consequential damages (including - without exception - lost profits, lost savings, outages or other costs related to the removal or replacement of products). Regardless of any damages the customer may incur for any reason, Futurehome’s overall and cumulative liability to the customer of the products described herein shall be limited to the Terms and Conditions of the commercial sale of Futurehome.
Futurehome’s goal is that the Service should be extremely reliable and accessible at all times but does not guarantee that the Service will be available 100% of the time. The Futurehome Platform may be subject to occasional disruptions and errors for a number of reasons beyond Futurehome’s control, including uptime to broadband service provider, etc. The User acknowledges these limitations and accepts that Futurehome is not responsible for any damage or loss caused by the Futurehome Platform not functioning at all times.
Services provided by Futurehome are intended to be used for non-critical information and management of Futurehome services, including equipment manufactured by Futurehome and third parties. User agrees that the Service from Futurehome is not certified or intended for emergencies. Futurehome makes no guarantee that the security enhancement services will function.
Some of the equipment Futurehome uses in the service uses battery power to function. Life expectancy is usually stated by the supplier and is an expected life expectancy. External or internal influences can adversely affect expected battery life. For example, a unit that is subject to frequent temperature changes or placed outdoors may have less life than illuminated indicative time. Network failure or poor communication can also affect the device’s expected battery life. Futurehome will not be financially responsible for battery replacement if the service life experienced is less than described in the instructions.
10. Suspension of Services
Futurehome reserves the right to suspend or terminate all or part of the Service or Services related to the termination of services related to the Service, with or without notice, e.g. for security reasons, improper use of the Service, protection of your data and otherwise to protect your interests. Futurehome has no responsibility or liability whatsoever, if it chooses to terminate or suspend Services.
If the customer or Futurehome breaches its obligations substantially under the agreement, the aggrieved party can set a reasonable time limit to have the situation rectified. If errors or omissions are not rectified by the deadline, the agreement can be canceled with 30 days’ notice. In the event of justified claims for purchased equipment, Futurehome shall repair or replace items that are not in contractual condition with new, cf. Section 27 of the Norwegian Consumer Purchase Act. Futurehome is not liable for damages over and above free repair or replacement.
12. Change to Terms and Conditions of Use
Futurehome reserves the right to update these Terms and Conditions of Service. The Terms and Conditions that apply from time to time will always be available on our website and in our services. We recommend that you review the Terms regularly to be aware of any changes. You will be notified of changes that have a significant impact on the use of the Service. If you continue to use the Service after the Terms and Conditions of Use have been updated and you are notified of any material changes, you are deemed to have accepted these changes.
If disputes arise between parties, attempts must be made to solve them amicably. If the parties do not reach agreement, the dispute is to be decided by the court in Oslo, Norway.
14. Contact information
You can find updated contact information at any time on futurehome.no.