(A) Welcome to Watty, a platform for analyzing and understanding energy data, owned and operated by Watty AB (“Watty”, “we”, “us” and “our”).
(B) We build solutions that make it possible for users (a “User” or “you”) to understand complex energy data and helping you make smarter energy decisions as further described on http://www.watty.io (the “Website” and the “Services”). A hardware device installed on your premises (the “Watty Device”) will collect energy consumption data that will be sent to and processed and analyzed by us. The results and insights from this collection and analysis will be presented to you through our Website or mobile application (the “Watty App”).
(C) This user agreement (the “Agreement”) sets out the terms and conditions on which we provide the Services to you, including the installation of the Watty Device. When using the Services, you may be subject to additional guidelines, specific terms or instructions applicable to the Services as included in the Watty App and Website (the “Guidelines”).
If you are not eligible to use the Services under the terms set out in the Agreement, or if you do not agree to any of the provisions in the Agreement, you are not entitled to access or use the Services. This Agreement is formed at the day of your acceptance.
Your order for the Services (the “Order”), as placed on the Watty App, Website or otherwise, constitutes a request to subscribe to a Service at such terms, pricing and functionality as set out in this Agreement, the Website and the Watty App at the time of your Order. Pricing and other terms as published on the Website or Watty App may change from time to time and depending on market, location or promotional offer.
All Orders are subject to availability and acceptance by us. We will send you an email acknowledging receipt of your Order (the “Order Confirmation”).
You may during a period of fourteen (14) days from receiving your Order Confirmation (the “Cooling Off Period”) change your mind for any reason and cancel this Agreement and your Order. If you cancel an Order, you have the right to receive a refund of any sums paid as further set out in Section 13.
Subject to all terms and conditions of this Agreement and your timely payment of all applicable fees, you shall have the right to access and use the Services in accordance with the functionality, features and limitations as set out in this Agreement or from time to time on the Watty App or Website. Please note that you will not be able to benefit fully from the Services until a Watty Device has been installed on your premises.
If we are unable to provide the Service, we may provide substitute services of equivalent quality and price or give you the option of cancelling your Services and receiving a refund of any sums paid as further set out in Section 13 (“Refunding”).
To use the Services you will need to create a user account (the “User Account”). You are responsible for maintaining the confidentiality of your User Account, including password, user name and payment information and you are responsible for all activities that are carried out under the Account. We do not have the means to check the identities of people using the Service and will not be responsible for losses suffered by you in the event that your password or user name is used by someone else unless this is due to our gross negligence. You agree to notify us immediately by email to firstname.lastname@example.org if you become aware of, or suspect any unauthorised use of your password or user name.
You agree to be charged by us and pay the applicable price for the Services and the Watty Device (the “Price”). The Price for the Watty Device and the Services will be stated on the Website or Watty App at the time you place your Order. The Price and the term of the Agreement (the “Term”) and whether it is a one-off fee or recurring subscription fee for the relevant Service will also be specified in your Order Confirmation. Quoted Prices are inclusive of VAT unless explicitly stated otherwise.
The Price may be reviewed and altered from time to time. Advance payments for a pre-determined period of time will not be altered until such pre-determined time period has ended. If you have a subscription of our Services with recurring automatic payments, we will give you at least thirty (30) days' notice of any increase in Price before charging you the new price. If you wish to cancel the Service, you may do so by writing to email@example.com, using the standard form for cancellation (the “Cancellation Form”) (see Section 13).
Payment will be debited from your credit/debit card account as provided by you in your User Account. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the third party card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
Watty may, upon written notice to the User, suspend the Services until full payment of any outstanding amount has been made (including uninstallation of the Watty Device). Interest may be chargeable on any amounts overdue at the rate of 8% per annum above the base rate of the applicable central bank (of your country of residence) from time to time. The interest period shall run from the due date for payment until we receive the full amount due and outstanding.
We are not responsible for any fees charged by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your Order.
You agree that in using the Service you will not (i) use the Service for any unlawful purpose; (ii) use the Service in any way that interrupts, damages, impairs or renders the Service less efficient; (iii) access or attempt to access the accounts of other users or to breach or attempt to breach the Website security measures; or (iv) use the Service for any purpose other than your personal use or other purposes as reasonably intended.
We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached the Agreement or otherwise caused damage to us or any other person. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
The Service is owned and operated by Watty. Your use of the Service and its contents grants you no rights to our intellectual property.
The content, information, graphics, design, compilation, products, software source and binary code, services, energy consumption data and all other elements of the Services that are provided by Watty or collected by Watty through the Watty Device (the “Company Materials”) are the property of Watty or third party licensors (as the case may be) and protected by copyright, trade dress, patent, and trademark and tradename laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws to the extent possible. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Company Materials.
You are not required to provide any ideas, feedback or suggestions regarding the Services (collectively, the “Feedback”) to Watty on the Services or our business. To the extent you do provide any Feedback to us, you hereby agree to assign all rights, title and interest in and to such Feedback to us and acknowledge that Watty may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other forms of consideration to you.
The Watty Device supplied to you becomes your property from the date we have received full payment for the Watty Device.
If you have requested assistance with the installation of the Watty Device when placing your Order, we may refer you to a qualified electrician to install the Watty Device on your premises. We will confirm such request in the Order Confirmation. Any appointed electrician referred to you by us will act on its/his/her own behalf and take sole responsibility for any damage or inconvenience caused during the installation of the Watty Device on your premises.
You hereby agree to assist Watty or the appointed electrician, to plan and facilitate the installation by all reasonable means. The appointed electrician will carry out the installation on the agreed premises and in accordance with generally applicable regulations and laws. We may or may not have communicated target dates for the installation of the Watty Device. We do not guarantee or promise that such dates will be met.
Please note that you will bear any additional and reasonable costs that you have caused to be incurred in relation to the installation of the Watty Device, for example by not allowing the appointed electrician access to your premises upon a mutually agreed installation date, causing the electrician to return at a later date.
The Watty Device comes with warranty as further set out in Section 14.
You are entitled to receive reasonable support services supplied by Watty (or its sub-contractors) in relation to your Watty Device and the Services (the “Support Services”) provided that you are a paying customer of the Services. You may reach the Support Services through our Website or by contacting us at firstname.lastname@example.org.
We are constantly looking for ways to improve and expand the Service. Occasionally we may, at our discretion, make changes to the Agreement for legal, regulatory, security, technical or commercial reasons. When we make material changes to the Agreement we will provide reasonable advance notice (the “Notification Period”) by e-mail or by posting on the Watty App or the Website. Your continued use of the Service after such Notification Period will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If the changes have an adverse effect on you, you have the right to cancel the Agreement during the Notification Period and be refunded of any sums paid as further set out in Section 13.
Watty will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance work may, from time to time, result in temporary interruptions. To the extent permissible under the applicable law, Watty reserves the right to, with or without notice, periodically and at any time temporarily or permanently modify or discontinue functions and features of the Services or any function or feature thereof, without assuming liability.
Notwithstanding the foregoing, if you have prepaid fees and Watty permanently discontinues the Service prior to the end of the applicable Term, Watty will refund you such prepaid fees upon discontinuation of the Services. You understand, agree, and accept that Watty has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service unless otherwise stated in this Agreement. This section will be enforced to the extent permissible by applicable law.
If any changes have an adverse effect on you, you have the right to cancel the Agreement and be refunded of any sums paid as further set out in Section 13.
Subject to Sections 2, 3, 11 and 12, we will refund any advance payments you may have made to us for Services not yet received by you upon your cancellation. If installation has already taken place of a Watty Device, the installation cost will be deducted from your refund, and you will be responsible for the cost of returning the Watty Device to us. Please note that if you fail to take reasonable care of the Watty Device, or fail to return the Watty Device to us, we will be entitled to make a claim against you for any losses which we suffer and to deduct such amount from the refund.
If you choose to cancel the Services, contact email@example.com
We warrant that any Watty Device supplied by us will be of satisfactory quality and fit for its intended purpose for a period of 12 (twelve) months from the date of delivery to your premises (the “Warranty Period”) and that we will provide the Services to a reasonable standard.
Nothing in this Agreement is intended to affect the above warranty and we endeavour to provide the best Services we can. However, you understand and agree that the Services are provided “as is” and “as available”, without any other express or implied warranties or conditions of any kind and to the fullest extent permitted by applicable law. Watty makes no representations and disclaim any warranties or conditions of merchantability of the Services or the Services being fit for any purpose. Watty does not warrant that the Watty Device or the Services are free of malware or other harmful components. You also acknowledge that any extended or more comprehensive warranties would require us to increase the Price of the Watty Device and our Services.
As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information obtained by you from Watty shall create any warranty on behalf of Watty in this regard.
In so far as the warranties contained in this Agreement cannot be disclaimed under domestic mandatory law, Watty limits the remedies to, at Watty's option, the repair, amendment or replacement of the Watty Device or Services. Any claims under the warranties must be made as soon as possible but within reasonable time from the date you became aware of the fault or damage.
You are obliged to inform us of any defective Watty Device as soon as possible and to return or dispose of such defective Watty Device in accordance with our instructions, or to make it available for inspection and testing by us at a reasonable and jointly agreed time. The cost of repairing/replacing and returning the defective Watty Device will be borne by us within the Warranty Period.
Some aspects of our warranties may not apply in some jurisdictions if prohibited by applicable law and you may therefore have other warranty rights (than the above limited warranties) that vary between countries. Other than as permitted by law, Watty does not exclude, limit or suspend other rights you may have. For a full understanding of your rights under domestic law you should consult the consumer laws of your country of residence or contact us at firstname.lastname@example.org.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using the Services.
To the fullest extent permitted by law, in no event will Watty, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (i) any indirect, special, incidental, punitive, exemplary, or consequential damages; (ii) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising from the installation of the Watty Device, use or inability to use the Services, without regard to whether Watty has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (iii) aggregate liability for all claims relating to the Services more than the amounts paid by you to Watty during the prior six (6) months in question, to the extent permissible by applicable law.
Nothing in the Agreement removes or limits Watty’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, if required by applicable law gross negligence, and liability under product liability laws (for example the German Produkthaftungsgesetz – ProdHaftG and Swedish Produktansvarslagen). Some aspects of this Section may not apply in some jurisdictions if prohibited by applicable law.
You agree to indemnify and hold Watty and its affiliated companies, and each of its directors, employees, suppliers and partners, harmless from any claims, losses, damages, liabilities, costs and expenses, including attorney’s fees, arising out of or relating to your use or misuse of the Service, breach of this Agreement or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arise out of the wilful misconduct or gross negligence of Watty. Watty reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Watty and you agree to cooperate with Watty’s legal defense in response to such claims.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Watty without restriction.
Sections 8, 15, 16, 17 and 18 will survive any termination of this Agreement.
This is the entire agreement between Watty and the User relating to the subject matter herein and shall not be modified except in a writing, signed by both you and Watty, or by a change to this Agreement or Guidelines made by Watty as set forth in Section 11 above.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreement (and any non-contractual disputes/claims arising out of, or in connection with, the Agreement) is subject to the laws of Sweden, disregarding choice of/conflicts of law principles.
Furthermore, you and Watty agree to be bound, if possible, by the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim, or controversy that arises in connection with the Agreement (and any non-contractual disputes/claims arising out of or in connection with the Agreement).
The Services hereunder are offered by Watty AB, a Swedish limited liability company
with the following information:
Address: Götgatan 22A, 118 46 Stockholm, Sweden
Company registration number: 556921-8166
Email address: email@example.com
Telephone number +46704156362
If you have any questions, complaints, claims or comments about this Website/the Service then please contact us on firstname.lastname@example.org or on the above address.