End User License Agreement

Version 2.0, effective from 28.8.2025

Concluded between ASEKO and the User to obtain and use ASEKO Applications through the App Store, Google Play Store and the ASEKO web interface. By downloading, installing and using the Apps, you agree to the terms of this Agreement. If you do not agree to this Agreement, you may not use the Apps.

1. Definition

In this Agreement, the below terms shall have the following meanings:

• The Apps or Applications collectively stand for Pool Remote, Pool Live and Pool.Aseko.com.
• The App Store is a digital distribution platform operated by Apple Distribution International Ltd. (or other group company depending on the User’s location) that enables the download and purchase of digital software and applications for Apple devices running iOS, iPadOS, watchOS and macOS.
• API Documentation means the official ASEKO documentation with instructions and guidelines on how to use the ASEKO API endpoint for integration of devices into Third Party Applications in accordance with Clause 5, available HERE
• Google Play is a digital distribution platform operated by Google LLC; Google Ireland Limited; or Google Asia Pacific Pte. Limited (depending on the User’s location), enabling the download and purchase of digital software and applications for Android devices.
• License means a sub-license to use the Applications granted to the User under the terms of Article 3 of this Agreement.
• Provider or ASEKO means ASEKO, spol. s r.o., with its registered office at Maternova 610/5, Kunratice, 148 00 Prague 4, Czech Republic, ID No.: 40766471, VAT No.: CZ40766471, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 2870.

 Contact details:

Address for the delivery of documents: Vídeňská 340, 252 50 Vestec u Prahy, Czech Republic

Phone: +420 246 083 600

General e-mail: aseko@aseko.cz

Support: support@aseko.cloud

• User means any natural or legal person who downloads, installs or uses the Applications as an end user.
• User Account means a user account created by a User to access and use the Applications.
• Civil Code means Act 89/2012 Coll., the Civil Code, as amended.
• Platform means App Store and Google Play together.
• Pool Remote is a mobile application that, in combination with intelligent LAN ASIN Pool Controller or in combination with ASIN AQUA PRO Controller, allows the control of pool components for owners of selected ASEKO Device.
• Pool Live is a mobile app that displays pool data measured by ASIN AQUA (internet connected device). The app allows you to set up alerts for exceeding the limits of certain measured parameters. It displays the current parameters and a history timeline.
• Aseko.com is an ASEKO web application accessible via a web interface with identical features to Pool Live. The Web Application also allows you to monitor pool parameters and technology status in real time in detailed graphs and manage a User Account that is common to all Applications.
• Web interface or Website means http://pool.aseko.com.
• aseko.cloud is a web-based application accessible via a web interface that serves as a single place where the user manages their personal data across ASEKO applications (Pool Remote, Pool Live, Pool.Aseko.com).
• The Agreement means this agreement.
• ASEKO Device means the physical products of ASEKO pool technology, a list of equipment can be found here https://www.asekopool.com/cs/products-cz/.

2. Introductory provisions
   • ASEKO is the authorized copyright holder of the Applications, including all textual and graphical content, logos and software. In particular, ASEKO is entitled to grant Users permission to use the Applications.
   • This Agreement defines both the rights to use the Applications and other rules and conditions that the User must follow when using the
   • This Agreement is a legally binding document between ASEKO and the User. By using the Applications (and in particular by explicitly confirming it by ticking the checkbox when accessing the Application for the first time or in case of changes to the Agreement), the User confirms that he/she has read this Agreement, understands it and agrees to be bound by it. The User declares that he/she is authorized to enter into contracts and has sufficient legal capacity to do so. If the User enters into this Agreement on behalf of a legal entity, the User declares that it is authorized to bind such entity.
   • In the event that you are not a consumer of Paid Applications, the provisions of Sections 2389a through 2389u of the Civil Code shall not apply and all rights and obligations shall be governed by this Agreement.

3. Changes to Applications
   • ASEKO shall have the right to disable the Applications or any part thereof upon prior notice to the User, to change or remove functions or features, to introduce new restrictions, to charge for the Applications or any part thereof and/or to make the Applications unavailable, based on legitimate reasons, which are:

1. Compliance with legal requirements,
2. Changes in technical parameters and features of ASEKO Device,

• Enhancement of existing functions of the Application or ASEKO’s internal systems,

1. Compensation for the costs of developing and operating the Applications,
2. In the case of unpaid Applications, for other reasons as well.

In case of a positive benefit of the change for the User or in case of non-paid Applications, the change will be announced in the User interface of the Application. In the event of negative or restrictive consequences for the User of a Paid Application, the User will be informed of the change in the Application, but also by e-mail and in connection with the change, the User has the right to terminate this Agreement within 30 days from the date of sending the e-mail or within 30 days from the date of the change, whichever is later.  In this case, the User is entitled to a refund of the pro rata portion of the payment made for the payment period not yet used.

If the Application is made unavailable, Clause 6 a 8.3 of the Agreement shall apply.

• ASEKO undertakes to actively notify the User in writing (within the Application’s User interface and by e-mail) at least two months in advance of the intended charge and its conditions (including automatic renewal of the subscription), together with an invitation to enter payment details via the Application’s user interface or via the Web interface, all linked to the relevant payment gateway (payment details will not be available to ASEKO, they are entered directly into the payment gateway). If the User does not agree to the charges (failure to enter the payment details before the start of the specified payment period or failure to credit the payment to ASEKO’s account shall also be deemed as non-agreement), the License to the Applications shall be automatically terminated at the start of the payment period, this Agreement shall terminate and the User’s access to the Applications and User Account shall be restricted. Access may be restored at any time upon re-acceptance of this Agreement and entry of payment information. Detailed information regarding the restriction and renewal of the User Account will be provided in the notice under this clause.

4. License
   • Subject to the terms and conditions set forth in this Agreement and provided that the User complies with them, ASEKO grants the User a License to all parts of the Applications, including primarily computer software and literary and graphic works.
   • ASEKO grants the License as a non-exclusive and worldwide License. The User is entitled to use the Applications by displaying and further use on a mobile or other device in the amount of one Application.
   • The User is entitled to create a backup or other copy of the Apps on one or more of his mobile or other devices that he owns or controls. The User is further entitled to reinstall the Apps on such devices.
   • User is not authorized to sublicense, transfer or assign or otherwise provide the License or any portion thereof to any third party, except for:
     • provision of access to the Application to User’s family members, employees or similar associates or contractors, or to a service provider for User’s pool unit;
     • use of the officially provided interface (API) for the integration of selected data from ASEKO Device into Third-Party Applications in accordance with Clause 5 of the Agreement.

However, the User shall ensure that access to the Application is not leaked, disclosed or illegally distributed by such persons.

• The User is entitled to use the License for internal non-commercial purposes only. A non-commercial purpose is a use outside a profitable activity based on either an employment relationship or a contractual obligation. Providing a professional service contractor with access to the User’s pool unit to use the Application in the course of providing such services to the User shall not be considered commercial
• The License is granted to the User from the moment of installation of the Application and creation of the User In the case of a paid Application, then at the moment of proper payment of the relevant payment. The License shall terminate upon termination of this Agreement for any reason or upon expiration of the term for which it was granted.
• The License is granted free of charge for a period of two years. The term may be adjusted in connection with the charging of fees for the Applications. The term may be unilaterally extended by ASEKO by means of a notification to the User made in the Application and by e-mail.

5. Integration with third party applications
   • The User has the option, at their own request, to integrate ASEKO Device assigned to a specific Application User Account into third-party applications, products, or services (“Third-Party Applications“) via the ASEKO API end point. The connection allows the integration of selected data relating to ASEKO Device from the ASEKO Application into the Third-Party Application.
   • The scope of data to be transferred is determined by the User in the integration settings. ASEKO does not transfer any data to third parties without the User’s active decision. The integration only allows the display of selected data; remote control of ASEKO Device via Third-Party Applications is not possible within the integration.
   • During integration, the User is required to proceed in accordance with the API Documentation and using a unique API key, which the User is required to generate in their User Account profile. During integration, the User is required to ensure the confidentiality of the API key and login details for the Applications.
   • ASEKO is not responsible for the manner in which Third-Party Applications handle data after it has been made available, nor for their functionality, availability, or security. The relevant third party is responsible for further processing of the data, and its terms and conditions and personal data protection policy apply to such processing.
   • Integration is based solely on the User’s decision and can be terminated at any time via the settings in the Application. Termination of integration will stop further data transfer to third parties.
   • ASEKO only provides a technical interface (API) enabling integration and does not guarantee the compatibility or functionality of integration with specific third-party products.

6. Duration of the Contract
   • The User shall have the right to terminate this Agreement at any time, even without giving any reason, either with immediate effect (in the case of a free License) or with effect at the end of the current payment period. However, in the event of charging for the use of the Application and the License, in such case the User shall not be entitled to a refund of the payment already made, even in part, unless otherwise provided for in this Agreement or in the applicable law.
   • ASEKO is entitled to terminate this Agreement at any time, even without stating any reason, e.g. due to termination of the provision of the Applications, technical reasons, termination of support for the Applications, etc., either with immediate effect or with effect at the end of the current payment period. However, in the case of a Fee-based License, in the event of immediate termination, the User shall be entitled to a refund of the pro rata portion of the payment made for the payment period not yet used. However, the User shall not be entitled to a refund of the amount paid in the event that the Application and the User Account have been made inaccessible and the Agreement terminated due to a breach of this Agreement by the User (in particular, but without limitation, Clauses 4,7, and 9).

7. User Account
   • The User is obliged to create a User Account when logging into the Application for the first time according to the instructions contained in the Application. Each User may have only one User Account.
   • It is possible to assign any number of ASEKO Devices owned by the User to a User Account. The User hereby declares that he/she is the proper owner of all added ASEKO Devices.
   • The User Account allows each User to use the Applications, manage personal and other data relating to the User and his/her ASEKO Devices, access and Licenses to the Applications, settings for the Applications and, where applicable, the User’s payment details (via a linked payment gateway).
   • The User may, at their own risk and responsibility, send an invitation to a third party, on the basis of which the third party will create a User Account (or log in to an existing User Account) and will be granted access to control the selected ASEKO Device. The owner of the unit always remains the User who sent the invitation.
   • The User undertakes to provide ASEKO with true and not misleading information when creating a User Account and using the Application.
   • ASEKO shall be entitled to suspend or completely disable access to the User’s account and terminate this Agreement if the User violates this Agreement or fails to pay the applicable License fees on time.
   • The User may delete the User Account including all related data at any time. However, before deletion, the User will be informed that he/she will lose the possibility to use the Application from the moment of deletion, even in the case of paid Applications, without the right to a refund of any part of the payment already made.

8. Updates and upgrades
   • During the term of the License, ASEKO will provide non-periodic necessary updates and upgrades to the Applications, which may include, but are not limited to, corrections, modifications and additions. Under the License, the User is entitled to use the Applications including such updates and upgrades. User agrees to install all updates without undue delay to ensure the continued operation of the Applications and their compatibility and security. The User will be notified of the release of an update in the Application and/or by an e-email , and will be advised of the consequences of not doing so. In the case of non-paid Applications, such updates are not guaranteed in any way.
   • If the User fails to update the Paid Application in accordance with 8.1 within a reasonable period of time, the User shall have no rights in respect of any defect arising solely as a result of the failure to update. This does not apply if the User has not been warned about the update or the consequences of not performing it, or has not performed the update or has performed it incorrectly due to a deficiency in the instructions.
   • Upon termination of the Agreement and the License, the User will no longer be entitled to use the Applications in any update or upgrade version. The User shall uninstall, delete or similarly remove the Apps from the mobile or other device and shall not use the Apps in any further manner. ASEKO does not warrant that the Application will continue to function without the License.

9. Restrictions
   • The User is not entitled to, except for the statutory minimum scope under Czech law:
10. Use the Apps for any unlawful purpose;
11. Modify or tamper with the Apps or the Web Interface, rent, lease, loan, reproduce, modify, adapt, create derivative works from, distribute, sell or transfer the Apps or any portion thereof, or combine them with other works;

• reverse engineer, decompile, disassemble, modify, translate or attempt to discover the source code of the Applications or extract data from the Applications using automated systems;

1. remove or obscure any proprietary or other intellectual property notices contained in the Apps or on the Web Interface;
2. use the Web Interface in a manner that could damage, disable, overburden or impair any ASEKO server or networks connected to an ASEKO server or interfere with the use and enjoyment of the Web Interface by other Users;
3. upload or otherwise transmit through the Web Interface or the Applications potentially destructive, disruptive or otherwise harmful programs, files or code, including viruses, Trojan horses, worms, cancelbots, time bombs or any other form or marking of files or programs (malware) that may damage, disable or alter the operation of any computer or network that is the property of ASEKO or any third party;

• attempt to compromise or impair the security, integrity or availability of the Web Interface or the Applications, User Accounts, passwords, servers or any networks connected to or accessible through the Web Interface, or otherwise damage or otherwise misuse them.

• The User is not entitled to do anything specified in Art. 1. if the law of another country applies to this Agreement and the terms of the License, unless the User is expressly permitted to do so by that other law, and at the same time the other law does not enables to exclude or restrict that possibility.

10. Limitation of the liability
    • Unless otherwise stipulated by law or this Agreement, ASEKO shall be liable to the User for damages caused by the use of the Applications or their non-functionality only up to the amount of the License Fee paid for the 12-month period preceding the event giving rise to the liability, subject to the exclusion of liability set forth below in this Agreement. In no event shall ASEKO be liable for any indirect damages, lost profits, reputational damage, loss of data or other intangible damages.
    • Unless otherwise stipulated by law or this Agreement, ASEKO shall not be liable for any damage to the ASEKO Devices controlled by the Applications and/or damage to health and property, including damage to the environment, caused by the use of the equipment controlled by the Applications in connection with the User’s use of the Applications.
    • The User shall comply with all applicable legislation, applicable safety guidelines and general safety principles when using equipment controlled by the Applications and shall always verify before any use of the Applications that the ASEKO Devices controlled and the manner of its operation complies with such applicable legislation, applicable safety guidelines and general safety principles and that the use of the ASEKO Devices controlled does not endanger the safety of persons or property.
    • ASEKO shall not be liable for any damage caused by changing the basic settings of individual functions of the Applications by the User.
    • Unless otherwise provided for by law, ASEKO provides the Applications “as is” and ASEKO is not responsible for the continuous functionality of the Applications, in particular due to the need for a permanent online connection of the ASEKO Device controlled by the Applications to the Internet with sufficient speed and capacity, which is the sole responsibility of the User, and the User agrees to use the Applications solely at his/her own responsibility and risk.
    • In the case of a User who is not a consumer using paid Applications, ASEKO shall not be liable for any defects in the Applications, but shall attempt to remedy the defects within a reasonable period of time. In the case of the paid version of the Application, the non-consumer User shall be entitled to have the defect rectified free of charge within a reasonable period of time.
    • The user (in particular as a consumer) may have additional rights which cannot be limited or excluded and which may vary from jurisdiction to jurisdiction. This Agreement is not intended to adversely affect such rights.
    • The User acknowledges that the integration of the Application with Third-Party Applications (Article 5) and the sharing of access to ASEKO Devices (Article 7.4) is carried out exclusively at their request and under their responsibility. ASEKO is not responsible for the functionality, availability, security, or consequences of using the integration or shared access, nor for any damage incurred by the User or third parties as a result of using the integration or shared access.
    • The User undertakes to provide ASEKO with the necessary cooperation to remedy the situation and to indemnify ASEKO against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) that may arise in connection with the integration of ASEKO Devices and Applications with Third-Party Applications, shared access to ASEKO Devices, or as a result of the User’s actions when using these functionalities.

11. Further information for consumers
    • This article 11 applies only to Users in their capacity as consumers.
    • The application is used as a complement to ASEKO Devices that support Internet connectivity. ASEKO products that support Internet connectivity and are properly connected to the Internet via LAN cable send data to the server. The data is processed on the server and then displayed to the User in Applications. ASEKO Devices that support bidirectional communication (ASIN Pool, ASIN AQUA PRO) receive data from the ASEKO server to which they respond appropriately. Data is sent from the server on a regular basis or in case of specific actions triggered by the User in the Pool Remote application. The Pool Remote application is supplied to the User in factory settings and allows changing the units settings. ASEKO is not responsible for incorrect installation of the unit or for incorrect settings or for unprofessional use of the Applications. The mobile Apps are for iOS or Android mobile devices only. The aseko.com web app is optimized for Safari and Google chrome web browsers only. Compatibility of the Apps with other operating systems and other web browsers is not guaranteed.
    • The User acknowledges, agrees and expressly requests access to and use of the Applications immediately after the conclusion of the Agreement within the withdrawal period. The User acknowledges that in this case, he/she will not have the right to withdraw from the Contract pursuant to Section 1837(l) of the Civil Code within 14 days of its conclusion.
    • The fee for the grant of the Licence is inclusive of all taxes and fees and is set out in the Application.
    • The User shall not incur any costs for the delivery of the Applications or any costs for the use of remote means of communication. Access to an internet network and/or an internet browser is required to use the Applications. The Web Applications are optimized for Google Chrome and Safari web browsers. Full functionality of the Applications is not guaranteed when using other web browsers. The Pool Remote App is intended for mobile devices only.
    • The data on the conclusion of the Agreement, including its wording, were sent to the User by email and are stored in the database of the Application in the User’s account and are accessible to the User at any time for consultation.
    • The User may contact the Czech Trade Inspection Authority for the settlement of an out-of-court consumer complaint in the manner and under the conditions set out in the relevant legislation.
    • Any defects in the Applications may be reported by the User to the Provider at the contact details specified in Article 1. The Provider undertakes to remedy the defects free of charge without undue delay, if possible and reasonable, in the case of paid Applications within 30 days at the latest. In the case of paid Applications, the User may request a reasonable discount or withdraw from the Agreement in the event of:

1. material irremediable defects that prevent the functionality of the Application
2. in case of failure to comply with a reasonable time limit for the removal of the defect (unless a longer time limit has been agreed with the User)

• the defect will still appear after removal

1. causing significant difficulties for the User in removing the defect.

• The reasonable discount shall be determined as the difference between the value of the Application without defect and the defective Application that was provided to the User. The period of time for which the defective Application was provided shall be taken into account; the User shall be entitled to a discount even if he withdraws from the Agreement.
• The User may not withdraw from the Agreement if the defect in the Application is only insignificant; the defect shall be deemed not to be insignificant.
• The Provider shall return the sums of money that the Provider has to return to the User due to the defective performance to the User at its own expense without undue delay, but no later than within fourteen days from the date on which the User exercised the relevant right from the defective performance with the Provider. In doing so, it shall use the same method as the User used to pay the fee, unless the User expressly agrees otherwise and no costs are incurred.

12. Personal data
    • The use of the Applications involves the processing of the User’s personal data by ASEKO. More detailed information on what personal data is processed, for what purposes, its security and further handling is available in the ASEKO Privacy Policy.
    • The Provider shall make available to the User of the Paid Applications in the position of a consumer, at his/her request, content different from his/her personal data created or stored by the User when using the Applications. The Provider shall do so free of charge, within a reasonable time and in a commonly used machine-readable format. This obligation does not apply to content:

1. which is unusable without the Application,
2. which relates exclusively to the User’s activities when using the Application,

• which the Provider has mixed with other data and can only be separated with unreasonable effort.

13. Sales Platforms
    • This Agreement is subject to the limitations of the Platforms’ terms and conditions. In the event of a conflict between this Agreement and the Platform Terms, this Agreement shall prevail unless the terms of the applicable Platform preclude it.
    • The User acknowledges that this Agreement is concluded between the User and ASEKO, not the operators of the Platforms. The Platforms are not responsible in any way for the content of the Applications and their compliance with the law, the operation of the Applications, including the maintenance and support of the Applications or complaints of defects in the Applications. ASEKO (not the Platforms) is solely responsible for any infringement of third party intellectual property rights.
    • The User represents that he/she is not located in a region that is subject to U.S. Government sanctions or designated as a terrorist-supporting region and is not on any U.S. Government sanctions list relating to any individual.

14. Final provisions
    • ASEKO shall be entitled to amend or update the wording of this Agreement to the extent appropriate. The change will be notified to the User in advance within the Application user interface and by email in a reasonable time. The User shall be entitled to disagree with the changes, in which case the User shall have the option to terminate the Agreement by giving 1 month’s notice from the date of delivery of the notice. If the Application is charged, the User shall be entitled to a pro rata refund corresponding to the remaining unused part of the already prepaid payment period.
    • Unless otherwise provided by law, this Agreement and the terms of the License are governed by the laws of the Czech Republic. Any disputes arising out of this Agreement shall be resolved by the courts in the Czech Republic having jurisdiction in the place where ASEKO has its registered office.
    • This Agreement is valid and effective upon installation of the Application, creation of a User Account and acceptance by the User.
    • In the event that any provision of this Agreement is found to be invalid or unenforceable, the other provisions of the Agreement shall remain unaffected.