Concluded between ASEKO, spol. s.r.o. with its registered office at Maternova 610/5, Kunratice, 148 00 Prague 4, company identification number: 40766471, tax identification number: CZ40766471, registered in Commercial Register kept by the Municipal Court Prague, Section C, Insert No. 2879, established under the law of the Czech Republic (hereinafter referred to as „ASEKO“)
And natural or legal person as an end user (hereinafter referred to as the „User“)
On the use of the mobile application Pool Cover Controller (hereinafter referred to as „Pool Cover Controller“) through Mac App Store.
1.1. ASEKO is the authorized copyright holder of the mobile application PoolRemote. In particular, ASEKO is entitled to grant the Users authorization to use Pool Cover Controller.
1.2. This Agreement defines both the rights of Pool Cover Controller use and other terms and conditions the User shall adhere to when using Pool Cover Controller.
1.3. Mac App Store is a service enabling the distribution of products to users (hereinafter referred to as „App Store“).
2.1. ASEKO permits the User to use Pool Cover Controller as a sublicense, hereinafter referred to as the „License“. The License is granted for all parts of the Pool Cover Controller including mainly a computer program and literary and graphic works.
2.2. ASEKO provides the License as non-exclusive and worldwide. The User is entitled to use Pool Cover Controller by displaying and using it on a mobile device in a quantity of one application Pool Cover Controller.
2.3. The User is entitled to make a backup or other copy if this option is regulated by law. Unless otherwise provided, the User is only entitled to reinstall the software on the same mobile device.
2.4. The User is not entitled to provide the License or its part to a third party. The User is not entitled to transfer or assign the License to a third party.
2.5. The User is entitled to use the License only for non-commercial purposes. A non-commercial purpose means a use out of the gainful activity based on either employment or a contractual obligation relationship.
2.6. The License is granted to the User from the moment of obtaining the License through the App Store.
2.7. The License is granted free of charge for a maximum period of two years. ASEKO and the User are entitled to terminate this Agreement at any time by giving notice with immediate effect. Upon expiration of the License or termination of the Agreement for any reason, ASEKO may offer the User a new License for remuneration or other conditions.
3. Update and upgrade
3.1 For the duration of the License, ASEKO shall provide non-periodic updates and upgrades of the Pool Cover Controller, which may include primarily corrections and modifications. Under the License, the User is entitled to use Pool Cover Controller including these updates and upgrades.
3.2 Upon termination of the License the User is not entitled to continue to use Pool Cover Controller in any version of its update and upgrade. The User is obliged to uninstall, delete or similarly remove Pool Cover Controller from the mobile device and to not use Pool Cover Controller any further. ASEKO does not guarantee that Pool Cover Controller without the License will continue to be functional.
4.1. The User is not authorized to change or interfere with Pool Cover Controller in any way beyond the legal minimum scope under Czech law and to associate Pool Cover Controller with other parts.
4.2. The User is not entitled to change, associate with other parts or interfere with Pool Cover Controller in any way if the law of another state is applied to this Agreement unless this possibility is expressly permitted to the User by that other legal order and at the same time another legal order does not allow to exclude or restrict this possibility.
4.3. This Agreement does provide the service of the User’s direct connection through the User account to Pool Cover Controller controlled device through ASEKO’s web interface (hereinafter referred to as the „ancillary service“). However, ASEKO may provide the ancillary service to the User.
4.4. The User agrees that if the ancillary service is provided by ASEKO, it is not guaranteed its functionality and may be terminated or changed at any time and/or included in a new license under Article 2 (2.7) hereinabove.
4.5. ASEKO is not responsible for the functionality of the ancillary service, in particular, due to the necessity of a permanent online connection of the device controlled by the Pool Cover Controller to the internet with sufficient speed and capacity for which the User is solely responsible and the User agrees to use the ancillary service solely at his/her own risk and responsibility.
5. Limitation of liability for damages
5.1. Unless otherwise provided by the law, ASEKO is liable for any damage caused by the use of Pool Cover Controller and/or ancillary service only up to the amount of remuneration paid for the License, except for the exclusion of liability outlined in this Agreement.
5.2. Concerning the use of the Pool Cover Controller and/or ancillary service by the User, ASEKO has no liability for the damage to the device controlled by the Pool Cover Controller and/or damage to health and property including environmental damage resulting from the use of the device controlled by Pool Cover Controller.
5.3. The User is obliged to comply with all applicable legislation, relevant safety instructions, and general safety principles and before any use of Pool Cover Controller and/or ancillary service to always verify whether the controlled device and its functionality are in compliance with the applicable legislation, relevant safety instructions, and general safety principles and whether the use of controlled equipment does not endanger personal and property safety.
5.4. When changing the basic settings of individual functions of the Pool Cover Controller by the User, ASEKO bears no liability for any possible damage.
6. Legal Order and Jurisdiction
6.1. Unless otherwise provided by law, this Agreement and the terms of the License shall be governed by the laws of the Czech Republic. All disputes arising from this Agreement shall be settled by courts of the Czech Republic with territorial jurisdiction over the ASEKO’s registered office.
6.2. This Agreement is subject to the limitations of the terms of the App Store service. In the event of a lack of conformity between this Agreement and contractual terms of App Store service, the conditions of App Store service shall prevail unless the App Store terms of service exclude it.
6.3. This Agreement is valid and effective at the time of purchase of the Pool Cover Controller at the App Store.