EULA - Go Balance


This end-user license agreement (\"EULA\") is a legal agreement between you and Grundfos Holding A/S, company registration no. 31858356, Poul Due Jensens Vej 7, 8850 Bjerringbro, Denmark, which is in the industry of supplying a large variety of
pumps for various purposes, (\"Grundfos\").

 

The EULA is related to the Application downloaded through App Store or Google Play, which enables you to conduct a hydronic balancing on a two-pipe radiator system. The hydronic balancing feature of the Application may with the use of the Application
Device, MI401 ALPHA Reader, enable access to Grundfos equipment (\"Equipment\").

 

The Application feature for hydronic balancing is only fully functional, when used together with a separately purchased MI401 ALPHA Reader, (the \"Application Device\"). The Application Device is available for sale via www.grundfos.com. The installation and operating instruction for how to set up the Application etc. will furthermore be sent out separate with the Application Device. You hereby agree to be bound by the terms of this EULA. The Application is licensed, not sold, to you free of charge, but for use only under the terms of this EULA. Grundfos reserves all rights not expressly granted to you in this EULA.

 

1. Scope of the end-user license agreement

This EULA grants you the non-exclusive and non-transferable right to use the Application in object code format on the applicable smart phone or tablet that you own or control and as permitted by the terms of and conditions of use for your smart phone or tablet (the “Usage Rules”). You may not rent, lease, lend, sell, redistribute or
sublicense the Application or make the Application available over a network
where it could be used by multiple devices at the same time. Unless expressly
permitted in this EULA and/or the Usage Rules, you may not copy, decompile,
reverse engineer, disassemble, attempt to derive the source code of, modify, or
create derivative works of the Application, any updates, or any part thereof
except to the extent permitted by mandatory applicable law. The terms of this
EULA will govern any upgrades provided by Grundfos that replace and/or
supplement the original Application, unless such upgrade is accompanied by a
separate EULA in which case the terms of that EULA will govern.

 

2. PAYMENTS UNDER THE CONTRACT

The Application can be downloaded free of charge from App Store or Google Play. The Application may at a later stage introduce the possibility for you to purchase supplemental services, when using your Application. Such purchasing will, however, always be subject to your active and informed consent. Information on method of
purchasing and payment security will be provided to you directly upon your purchase.

 

3. PERSONAL DATA

You agree that Grundfos may collect your first and last name and your email address, and any information you choose to provide to us when creating an user profile at Grundfos, which you provide when you create the report after the balancing step in the
Application. You agree that Grundfos may process the personal data provided by
you in connection with your use of the Application with the purpose of
delivering the services of the Application requested by you. You agree that
Grundfos may collect and use technical data and related information, including
but not limited to technical information about your smartphone or tablet
device, system and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates and product
support to you (if any) related to the Application. Grundfos may use this
information, as long as it is in a form that does not personally identify you,
to improve its products or to provide services or technologies to you. You
agree that Grundfos receives the reports and the pump data from the balancing
you have made on radiator systems.

 

You agree that Grundfos may collect your first and last name and address, and any demographic or other information you choose to provide to us for the purpose of creating a report. Further, you, as user of the Application, have the responsibility to ensure that the homeowner/tenant consents to the collection of his/her personal data
through the Application and you agree that you have consent from the homeowner
to make a report through the system, which is received by Grundfos. Grundfos
will store the report on secure servers, hosted by Microsoft in NL and Grundfos
located in DK for the purpose of improving the Application, the Grundfos
products and provide services and technologies to you.

 

Subject to your specific consent, Grundfos may use your specific geolocation data for providing geo-location services under the Application and future business services, such as providing features to access the geo-location for the usage of providing
location data to the report, as enabled when using the button “Find Location”,
when making the report. Geolocation data will be used for input to improvements
for the algorithm to calculate the best possible target flows for the hydronic
balancing, as e.g. to use the actual input for temperatures and not the
estimated temperature near the household. The generated reports are stored in
our secure data centers hosted by an external vendor, Microsoft in NL/Europe,
and subsequently the reports are transported to an on premise data center at
Grundfos Bjerringbro for the above-mentioned usage.

 

Grundfos Holding A/S is the data controller and responsible for data security for the collected information and can share it with other companies in the Grundfos Group for the specific purposes mentioned above. You have the right to inquire about the information that Grundfos has recorded about you and to object to recorded information
under the regulations in the Danish Act on Processing of Personal Data. If the
information is incorrect, incomplete or irrelevant, you are entitled to have
the information corrected or deleted. If you would like to know more or wish to
change your information, you are welcome to contact Grundfos Holding A/S by
sending an e-mail to info@grundfos.com.

 

4. Termination

The license is effective until terminated by you or Grundfos. Your rights under this license will terminate automatically without notice from Grundfos if you fail to comply with any term(s) of this EULA. Upon termination of the license, you shall cease all
use of the Application, and destroy all copies, full or partial, of the Application.

 

5. Access to equipment

The hydronic balancing feature of the Application may with the use of the Application Device not enable changes to the Grundfos equipment (\"Equipment\"). The
Application is able to communicate with the Application Device during
OverTheAir-software updates. It is not possible to change any form for status
configuration through use of the Equipment and the Application Device. Access
to the Application may require internet access and that you accept additional
terms of service. You agree to access the Application, Application Device, and
Equipment at your sole risk and Grundfos shall not have any liability to you
for the consequences of such access. Grundfos does not guarantee the
availability, accuracy, completeness, reliability, or timeliness of information
displayed by accessing the Equipment. Grundfos makes no representation that
information that may be accessed from, displayed on, or linked to from your
device is appropriate or available for use in any particular location. To the
extent you choose to access Equipment, you do so at your own initiative and are
responsible for compliance with any applicable laws, including but not limited
to applicable local laws.

 

6. Use and abuse

The balancing feature is enabled by opening the Application with the Application Device, which then connects with the Equipment. Enable the flashing function within the AUTOadapt sign by pressing the “W m3/h” button on the display. Created connection by enabling Bluetooth on your phone and turning on the Application device. Usage of additional Application Devices will be enabled as a signal repeater for the
Application Device on the Equipment. The Equipment is not designed only to be
used with the balancing feature of your Application and Application Device. Any
user with an Application and Application Device can access the Equipment for
use, provided such user is within close range of the Equipment and has switched
the Equipment and the flashing light on. Grundfos assumes that you have the
necessary right to access the Equipment in ownership, employment, contract etc.
Grundfos assumes no liability for your misuse of the Application to obtain
unlawful access to the Equipment. Nor does Grundfos assume any liability for
other users' misuse of their Application and Application Device on the
Equipment.

 

7. HIGH RISK ACTIVITIES

The Application is not fault-tolerant and is not designed, manufactured or intended to control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons systems,
any military use in which the failure of the Application could lead to death,
personal injury, or severe physical or environmental damage.

 

8. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND. GRUNDFOS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF MERCHANTABILITY, OF INFRINGEMENT OF THIRD PARTY RIGHTS AND OF QUIET ENJOYMENT. GRUNDFOS DOES NOT WARRANT THAT THE FUNCTION, MATERIAL OR INFORMATION CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRUNDFOS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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.

 

9. Limitation of liability

GRUNDFOS SHALL NOT 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 THE APPLICATION, INCLUDING THE CONTENT OF THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF CONTRACT, TORT OR OTHER - AND EVEN IF GRUNDFOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED IN THIS EULA, GRUNDFOS’ ENTIRE LIABILITY IN CONNECTION WITH OR RESULTING FROM THE APPLICATION AND/OR THIS EULA OR FROM THE PERFORMANCE OR BREACH THEREOF SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE APPLICATION IN AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER SPECIFIC MATTERS SO THIS LIMITATION MAY NOT APPLY TO YOU.

 

10. LIMITATION OF PRODUCT LIABILITY

GRUNDFOS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE OR LOSS CAUSED BY DEFECTIVE PRODUCTS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR LOSS OR DAMAGE TO GOODS CAUSED BY THE PRODUCTS ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AVAILABLE INFORMATION IN THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF PRODUCT LIABILITY OR ENTIRELY OR TO A CERTAIN EXTENT, SO THIS LIMITATION MAY NOT IN ITS ENTIRETY OR TO A CERTAIN EXTENT APPLY TO YOU.

 

11. Export control

You acknowledge that the Application may be subject to the export and foreign trade control laws and regulations of the United States and that the export, re-export, transfer, re-transfer, or transmission of these items (“export/re-export”) therefore may
be restricted by U.S. law. You further acknowledge that export/import laws of
other countries also may apply with respect to the Application. You agree to
comply with all applicable U.S. Foreign Trade Control Laws and other applicable
export/import laws in your receipt and handling of the Application, in
particular, but without limitation: (i) You will not export/re-export the
Application to any country or person (individual, entity, or organization) to
which such export/re-export is restricted or prohibited under U.S. Foreign
Trade Control Laws or other applicable laws unless you have obtained all
required licenses for such export/re-export. By downloading, installing,
copying, or otherwise using the Application, you represent and warrant that you
are not located in any such country and that you are not such a person. You
acknowledge that it is your sole responsibility to obtain any license or other
authorization required for you to export/re-export the Application. (ii) You
agree to comply fully with all requests by Grundfos for information required in
connection with the sale and shipment of the Application and with all terms and
conditions of any export/import licenses or authorizations relating to the
Application. (iii) You will not use the Application in or in relation to (i)
nuclear end uses; (ii) rocket/missile systems or unmanned air vehicles; (iii)
nuclear, biological, or chemical weapons or weapons of mass destruction; (iv)
non-U.S. maritime nuclear propulsion projects; (v) non-U.S. vessels or
aircraft; (vi) any military end uses prohibited or restricted by U.S. Foreign
Trade Control Laws; or (vii) any other end use or end user prohibited by
applicable law or terms of a license. You also will not export/re-export or
transfer (in country) the Application for any of these restricted end uses or
to any end users involved in these restricted end uses.

 

12. The entire agreement

This EULA is the entire agreement of the parties, and supersedes all prior agreements and communications, written or oral, between the parties with respect to the
subject matter of this EULA.

 

13. Severability

If any provision of this EULA is held to be invalid, illegal or unenforceable, the remaining provisions shall not be affected or impaired.

 

14. Assignment

You may not assign or transfer this EULA or your rights or obligations under this EULA without Grundfos’ prior written consent.

 

15. Applicable law and venue

The laws of Denmark, excluding its conflicts of law rules, govern this EULA and your use of the Application. Exclusive venue for any and all disputes arising from or in
connection with this EULA shall be Copenhagen City Court, Denmark. This EULA is
also available in the Application, and you may have it sent to your e-mail,
when accepting the EULA.

 

Grundfos Holding A/S,

Company registration no 31858356 Poul Due Jensens Vej 7,

8850 Bjerringbro,

Denmark

Tel.: +45 87 50 14 00

info@grundfos.com

www.grundfos.com

 

1. November 2015

 

Privacy Policy - Go-Balance:

 

3. PERSONAL DATA

You agree that Grundfos may collect your first and last name and your email address, and any information you choose to provide to us when creating an user profile at Grundfos, which you provide when you create the report after the balancing-step in the
Application. You agree that Grundfos may process the personal data provided by
you in connection with your use of the Application with the purpose of
delivering the services of the Application requested by you.

 

You agree that Grundfos may collect and use technical data and related information, including but not limited to technical information about your smartphone or tablet device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates and product support to you (if
any) related to the Application. Grundfos may use this information, as long as
it is in a form that does not personally identify you, to improve its products
or to provide services or technologies to you.

 

You agree  that Grundfos receives the reports and the pump data from the balancing you have made on radiator systems. You agree that Grundfos may collect your first and last name and address, and any demographic or other information you choose to provide to us for the purpose of creating a report, which you provide during the creation of a report. Further, you, as user of the Application, have the responsibility to ensure that the homeowner/tenant consents to the collection of his/her personal data through
the Application and you agree that you have consent from the homeowner to make
a report through the system, which is received by Grundfos. Grundfos will store
the report on secure servers, hosted by Microsoft in NL and Grundfos located in
DK for the purpose of improving the Application, the Grundfos products and
provide services and technologies to you.

 

Subject to your specific consent, Grundfos may use your specific geolocation data for providing geo-location services under the Application and future business services, such as providing features to access the geo-location for the usage of providing
location data to the report, as enabled when using the button “Find Location”,
when making the report. Geo-location data will be used for input to
improvements for the algorithm to calculate the best possible target flows for
the hydronic balancing, as e.g. to use actual input for temperatures and not
estimated temperatures near the household.

 

The generated reports are stored in our secure datacenters hosted by an external vendor, Mircrosoft in NL/Europe, and subsequently the reports are transported to on premise datacenter at Grundfos Bjerringbro for the above mentioned usage.

 

In order to access the Cerulean Services, Cerulean requires that you create a unique username (your \"Trillian Username\") and password (your \"Trillian
Password\", together with your Trillian Username, your \"Trillian Credentials\").
In association with your Trillian Credentials, we will store any demographic or
other information (for example, your gender and age) you choose to provide to
us for the purpose of creating a user profile (\"User Profile Information\").
We may display the User Profile Information that you choose to provide to us
when you authorize us to publish it in a public user directory or when you
request permission to communicate with other Trillian customers.

 

Consent to use data. You agree that Parallels may collect and use technical data and related information, including, but not limited to technical information about your
device, system and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates, product support,
and other services to you (if any) related to the Software. Parallels may use
this information, as long as it is in a form that does not personally identify
you, to operate, provide, improve, and develop our products, services and technologies, to prevent or investigate fraudulent or inappropriate use of our products,
services, and technologies, for research and development, and for the other
purposes described in this Agreement or to you as part of our products and
services.  Parallels’ websites and online services may use “cookies,” which enable you to personalize your experience on Parallels’ sites and provide information to Parallels such as which websites have been visited and which ads and web searches are effective. If you want to disable cookies, check your browser settings.

 

Grundfos will not store, transfer or in any other way process your personal data outside of this specific purposes mentioned above.

 

Grundfos Holding A/S is the data controller and responsible for data security for the collected information and can share it with other companies in the Grundfos Group for the specific purposes mentioned above.

 

You have the right to inquire about the information that Grundfos has recorded about you and to object to recorded information under the regulations in the Danish Act on
Processing of Personal Data. If the information is incorrect, incomplete or
irrelevant, you are entitled to have the information corrected or deleted. If
you would like to know more or wish to change your information, you are welcome
to contact Grundfos Holding A/S by sending an e-mail to info@grundfos.com.