General 1.1. These terms of use (“Terms”) describe the relationship between you (“User” or “you”) and Enequi AB, reg. no. 559142-7538 (“Enequi”, “us” or “we”) regarding your use of Enequi’s App, our Products and related services (e.g. payment services in the App) (“the Services”). The Terms further explain what rights you give us when you register your account and start using Enequi’s mobile application (“the App”) together with the Products. 1.2. The terms described herein, and the agreement between you as a user and Enequi, come into effect when you install the App, register your account and/or accept Enequi’s Terms and Privacy Policy. If you represent a legal entity, you accept the Terms both for yourself and on behalf of such legal entity, and you warrant that you are authorized to accept the Terms on behalf of the legal entity. This agreement is valid indefinitely for as long as you (or such legal entity) use the App. 1.3. As a user, you agree that these Terms are valid between Enequi and you, and not with the company that distributes the platform for the App, such as Apple or Google. Enequi is solely responsible for the App and its content. 1.4. If you are a consumer, the Terms will apply as far as possible in accordance with the mandatory national law of your country of residence.
Use of our App, Products and Services 2.1. The App is used for installing, setting parameters, controlling, monitoring and managing Enequi’s products (“the Products”). Users of the App can be either end users of the Product or professional installers of the same. 2.2. All Users must register and create an account before the App can be used. Access rights for different Users will be set by the installer and/or end user/system owner when the system is created. 2.3. The user’s personal data will be processed by Enequi. For information on Enequi’s processing of personal data, please read our privacy policy provided via the App and on Enequi’s website.
Amendments 3.1. By accepting these Terms, you agree to comply with them during your use of the App. 3.2. Enequi reserves the right to make changes and additions to these Terms from time to time. Any changes or additions will be published in the App. 3.3. Such changes will take effect 30 days after Enequi has informed you of the changes. 3.4. The User has the right to close the account and uninstall the App, if desired, when the User becomes aware of such changes.
User guidelines and obligations 4.1. The user of the App must be 18 years old to register an account and use the App. 4.2. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card and/or other means of payment by a minor. 4.3. By accepting these Terms, you guarantee that; (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. 4.4. When you are the first end user in your household, office or workplace, and use the system settings in the App, you will be assigned the status of main user of the Products (“Main User”). The Main User can invite and remove the ability of other Users to control the Products via the App. The Main User can also set access rights for all Users. 4.5. The Terms are not intended to grant rights to anyone other than you and Enequi, and under no circumstances do the Terms create any rights for third parties.
Subscription General 5.1. Downloading and using the App is free. However, you have the possibility to make purchases in the App in the form of subscriptions for additional services (“Subscription(s)”). To use Subscriptions in the App, you must have a device that is compatible with Enequi’s technical standards for the App. 5.2. When you purchase a Subscription, you agree to the additional terms specific to that Subscription. In addition to these Terms, your purchase will also be governed by: (i) the information you provide at the time of purchase; and (ii) any subscription terms you accept for your specific subscription (“Subscription Terms”), collectively the “Purchase Agreement”. 5.3. Enequi provides the Subscription in accordance with the Purchase Agreement. If you do not accept the Purchase Agreement, you cannot use the Subscription. You will still have access to the App and its free content. 5.4. Our fees and subscription periods for all Subscriptions can be found on Enequi’s website and in the App and will always be clearly communicated when you purchase a Subscription. The fees may vary depending on the Subscription purchased, and Enequi reserves the right to change the costs at any time at its own discretion and for any reason. If the fees change, we will inform you at least 30 days before the changes take effect, after which you have the opportunity to cancel your Subscription. By not cancelling your Subscription, you accept the new fees for the Subscription(s) in question. The fees do not include data transfer costs or fees that your internet or telecom operator may charge you. 5.5. The Subscription is paid in advance before each subscription period and is automatically renewed until the Subscription is terminated, unless otherwise stated in the Subscription Terms. The subscription period is specified in the Subscription Terms. 5.6. By accepting these Terms and the Subscription Terms, you commit to provide accurate personal information when required and a valid payment method for your subscription period. Binding period and termination 5.7. With regard to the binding period and termination of the Subscriptions, paragraphs 5.8-5.11 shall apply unless otherwise stated in connection with the purchase or in the Subscription Terms. 5.8. After the initial subscription period, you can cancel your Subscription, which will expire at the end of your current payment period. If you have taken advantage of a free offer that has not yet expired, your subscription will be terminated immediately. 5.9. Enequi reserves the right to terminate your Subscription with immediate effect, at any time and without prior notice to you if you fail to comply with the Purchase Agreement or applicable laws, rules or regulations, or if you otherwise use the Service fraudulently or in a way that may cause damage to Enequi, Enequi’s subsidiaries or third parties. 5.10. A termination of the paid Subscription has no effect on any rights or obligations under these Terms except this clause 5 (Subscription).
Intellectual property rights 6.1. The App and all associated intellectual property rights shall, in perpetuity, remain the exclusive property of Enequis. You have no right, claim or other interest in the App or the intellectual property associated with the App, except as expressly stated in these Terms. 6.2. By accepting these Terms, you are granted a license to use the App and Services in the App. Unless otherwise agreed, the license granted to you is non-exclusive, fully terminable, and non-transferable. This license does not give you the right to (i) decompile or otherwise attempt to derive the function of the software or any other part of the App (unless you have granted such rights under mandatory law), (ii) make additional copies or derive works from the App, (iii) use the App for purposes that are, or may be considered, criminal or immoral or, (iv) connect the App to third party services without our prior written permission or otherwise modify the App, including its software. 6.3. Enequi reserves the right to give you further instructions on the use of the App which you must follow, provided that such instructions are not unreasonable.
Customer support 7.1. In the event that you have problems with the App, the Products or any of your Subscriptions, need help and support or are dissatisfied for any reason, please contact Enequi using the information provided in the “contact us” section below. If you have difficulties or problems with the use of our App or Products, we would like you to inform us as soon as possible so that we can possibly try to find a solution to your problems. 7.2. The company providing the distribution platform for the App has no obligation to provide any maintenance and support services for the App. 7.3. Complaints relating to purchased Products or installation obtained from parties other than Enequi shall be directed to the appropriate professional installer or seller.
Warranty disclaimer 8.1. We will use reasonable care and skill in providing the App. However, you acknowledge that the App is provided on an “as is” basis and that we make no other promises or warranties in relation to the App. In particular, we do not guarantee that the use of the App will not infringe the rights of others or the suitability of the App for specific purposes. We also do not warrant that the use of the App will be uninterrupted or error-free, or free from data loss, corruption, malware, interference or other security breaches. 8.2. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Enequi’s rights 9.1. Enequi reserves the right to make changes to the App from time to time. You acknowledge that the content and/or interface of the App may be changed, removed or updated without prior notice to you. 9.2. Enequi reserves the right to update and/or change the technical conditions of the App in order to ensure security and make improvements. Such updates and changes will be published on Enequi’s App and may sometimes require you to update the App in order to continue using it.
Limitation of liability 10.1. Enequi is not liable for any indirect or consequential damage to the User or the legal entity that the User represents, including, but not limited to, loss of profit, loss of goodwill or loss of business opportunities. In addition, Enequi shall also not be held responsible for the interoperability (or other related failure) between your terminal, device or other digital and/or mobile device and the Service that results in the inability to provide and/or use the App or other parts of the Service. Finally, Enequi does not accept, and therefore is not responsible for, any interoperability, error or other failure to deliver the Service provided by third parties. 10.2. For the avoidance of doubt, Enequi shall not be liable for legal claims relating to the Products as such under these Terms. 10.3. Enequi’s liability is limited to what is permitted under the applicable law or mandatory consumer protection laws in the consumer’s country of residence, but not beyond.
Claims Enequi, and not the platform distributor, is (subject to the limitation of liability above) responsible for managing any claims by you or any third party related to the App and your use of the App; including but not limited to; (i) any claim that the App does not comply with applicable legal or regulatory requirements; and (ii) claims arising under consumer or similar legislation.
Full agreement Other than as set out in clause 5.3 and as expressly agreed in writing between you and Enequi, the Terms constitute all terms between you and Enequi and supersede all previous agreements in relation to the matters covered by these Terms, whether written or oral.
Transfer Enequi reserves the right to transfer the Terms, or parts of the rights therein, in whole or in part. Enequi also has the right to delegate its obligations under the Terms. You are not entitled to assign the Terms, in whole or in part, nor to transfer or sublicense your rights under the Terms to a third party.
Contact us Any questions, complaints or claims related to the App should be directed to Enequi using the following contact information: Enequi AB Kung Hans Väg 3 192 68 Sollentuna, Sweden e-mail: info@enequi.com phone: +46 (0)10 122 17 00
Applicable law and dispute resolution 15.1. These Terms and Subscription Terms shall be interpreted in accordance with Swedish law. However, the Purchase Agreement shall not in any way limit any consumer rights to which you may be entitled under the mandatory law of the country in which you reside if the Purchase Agreement is contrary to such law. 15.2. If a dispute between you as a consumer and Enequi cannot be resolved by agreement, the dispute will be settled by a general court in Sweden. 15.3. The European Commission provides an online dispute resolution website aimed at helping consumers and suppliers resolve their disputes out of court, see https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
