Terms of Use

Last updated: 30th of November 2022

1. General

   1. Plejd AB, a company duly incorporated under Swedish law with registration number 556790-9477, address Krokslätts Fabriker 27A, 431 37 Mölndal, Sweden with telephone number +46 (0) 10 207 89 01 and e-mail address info@plejd.com ("Plejd" or "we") provides the Plejd mobile application (the "App") through either Apple or Google ("Distribution Platform Provider") stores.
   2. The App is used to install, change settings, control, and monitor Plejd products (the "Product"). Both end-users of a Product and installers, such as electricians, may register and use the App.
   3. These Terms of Use (the "Terms") apply when you (the "User") register an account and use the App, and by accepting these Terms, undertake to comply with them for the use of the App. If the User represents a legal entity, the User accepts the Terms both in its own right and on behalf of such legal entity and guarantees that it is authorized to accept the Terms on behalf of the legal entity. These Terms will apply to the maximum extent allowed by national mandatory law in the User’s country of residence where Plejd markets and sells the Product.
   4. When signing up to the App, the User will choose whether the User is an end-user or an installer, and depending on the choice, the User will access different functions in the App. When the User signs up to the App as an installer, the User guarantees that it is authorized and has all necessary competencies to install and perform service on the Product.
   5. When installing a Product for someone else, the User shall inform the end-user about the Product’s functions and provide them with the code to connect to the Product via the App.
   6. The User acknowledges that the Terms are concluded between Plejd and the User and not with the Distribution Platform Provider. Plejd, not the Distribution Platform Provider, is solely responsible for the App and the content thereof.
   7. These Terms constitute the entire agreement between the User and Plejd unless otherwise explicitly agreed upon in writing.
   8. Download and use of the App is free of charge.

2. User requirements etc.

   1. The User must be sixteen (16) years old to register an account and use the App. If the User is younger, the User can register an account only if authorized by the User’s parent or guardian. If, following a notification from a parent, guardian, or discovery by other means, a child under sixteen (16) has been improperly registered on our site by using false information, Plejd will cancel the child’s account and delete the child’s personal data from our records.
   2. The User agrees not to experiment, copy, modify, adapt, decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover the construction of the Product or the App.
   3. Due to security reasons, it is of high importance that the User does not act in any of the ways mentioned in section 2.2. Any action described in section 2.2 may constitute a security risk for Plejd and the Users of the system and Product.
   4. By accepting these Terms, the User represents and warrants that:
      |. the User is 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
      ||. the User is not listed on any U.S. Government list of prohibited or restricted parties.

3. Right to use the App

   1. Subject to these Terms, Plejd grants to the User a worldwide, non-exclusive and non-transferable right to perform, display and use the App on a device that the User owns or controls.
   2. In the event that it is revealed that any use of the App by the User is in breach of the material terms of these Terms, the User shall reimburse Plejd for all reasonable costs and expenses related to such use.

4. User account

   1. To use the App, the User must register a user account by providing personal data such as name, e-mail address, and password.
   2. As an installer, the User may only process the personal data accessed in the App necessary for the purpose of installation or giving support. The User undertakes to process the personal data accessed in the App with care and discretion.
   3. The User will become the owner of the system if:
      |. the User is invited by an installer as the first to use the system; or
      ||. the User isn't an installer and creates the system.
   4. As the owner, the user can invite and un-invite others to control the Product through the App. Depending on what access is given to other users, they might see personal data within the App, including any names, scenarios, and settings. If other users have access to the system, they will also see updates made to the system, such as changes to names of rooms or scenarios. The installer or another user will only see the photos uploaded in the App if the owner gives them access within the App.
   5. The User undertakes to ensure that no one but the User can use its login credentials. The User shall not reveal the password to any unauthorized person and shall ensure that any documents showing the username and password are stored in a way that prevents unauthorized access to the information. The User must immediately change the password or notify Plejd if the User suspects that the User’s login credentials have been compromised.
   6. If Plejd suspects that the user account or login information is misused or if the usage otherwise violates the Terms, Plejd has the right to suspend the User. Plejd has the right to, irrespective of the reason, assign the User with new login details.
   7. Before the User transfers the Product to a new owner (for example, when the User moves or removes the user account), the User shall delete any personalized scenarios and settings that include personal data such as names of rooms and pictures.
   8. The User can remove his or her account at any time through the app or by contacting Plejd.

5. Intellectual property rights

   1. The App and all intellectual property rights associated therewith are and will remain at all times the sole and exclusive property of Plejd and its affiliates. The User has no right, title, or interest in or to the App or the intellectual property associated therewith, except as expressly set forth in these Terms.
   2. The User may use Plejd’s trademarks for the purpose of promoting that the company the User represents is a reseller or installer of Products. The trademarks shall at all times be used in accordance with Plejd’s graphic manual, which is displayed on Plejd’s website.
   3. The User receives no rights and agrees not to:
      |. copy, sub-license, reverse engineer, lease, rent, or assign the App or any content, material, or data included therein, with the exception of the User’s own data, measurement data, or other processed data that have been collected, processed, or exported by the User as a result of the User’s use of the App;
      ||. distribute in whole or in part, modify, or create derivatives of the App or any content, material or data included therein; or
      |||. disclose the results of any benchmark or other performance test run on the App to any third party without Plejd’s prior written consent.
   4. In the event of any third party claim that the App or the User’s possession and use of the App infringe on that third party’s intellectual property rights, Plejd, and not the Distribution Platform Provider, will be solely responsible for the investigation, defense, settlement, and discharge of such claim

6. Personal data

   1. Plejd is the controller for the processing of the User’s personal data processed within the App. Information regarding Plejd’s personal data processing can be found in Plejd’s Privacy Policy on Plejd’s website and in the App.

7. Maintenance and support etc.

   1. Although it is Plejd’s ambition, we cannot guarantee to provide the App without technical disruptions. Therefore, we may have to restrict access to the App temporarily due to service, support, safety, or technical reasons.
   2. If there is any problem with the App or if the User is dissatisfied in any way, Plejd should be contacted by using contact details as specified in section 1.1. If the User experiences that the App is faulty, it is important that Plejd is informed as soon as possible. Plejd will always try to find a solution to the problem.
   3. The Distribution Platform Provider has no obligation to furnish any maintenance and support services with respect to the App.
   4. Complaints regarding purchased Products or the installation obtained from parties other than Plejd should be directed to the appropriate installer or seller.
   5. The User is fully responsible for protecting its technical equipment against unauthorized use, including using appropriate anti-virus software and firewall.
   6. When using the system as an installer, the User is not allowed to store, use, copy or otherwise deal with the master code used for the installation after providing the code to the end customer.
   7. Plejd will provide the version of the App that is the most recent one available at the time of the conclusion of these Terms. Plejd will provide updates and features as they become available and provide you with updates, including security updates, in order to keep the App in conformity with these Terms and secure. In some cases, you need to take action to update the App. You are free to choose whether to install the updates provided. However, if you decide not to install the updates, you should not expect the App to remain in conformity with these Terms. Your decision not to install updates that are necessary for keeping the digital content or digital service in conformity, including security updates, will affect Plejd’s liability for conformity of those features of the App or Products which the relevant updates are supposed to maintain in conformity.
   8. In addition to modifications aimed at maintaining conformity, Plejd will, under certain conditions, modify features of the App, provided that Plejd has a valid reason for such a modification. Valid reasons could encompass cases where the modification is necessary to adapt the App to a new technical environment, an increased number of users, or other important operational reasons. Plejd will also add, remove or change the scope of the App if we have other valid reasons, such as developing and improving our services.

8. Claims and limitation of liability

   1. Plejd, and not the Distribution Platform Provider, is responsible for addressing any claims by the User or any third party relating to the App or the User’s possession or use of that App, including, but not limited to:
      |. product liability claims;
      ||. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
      |||. claims to arise under consumer protection law or similar legislation.
   2. Plejd shall not be liable for any indirect or consequential damages for the legal entity which the User represents, including but not limited to loss of profits, loss of goodwill, or missed opportunities.
   3. For the avoidance of any doubt, Plejd shall not be liable for any claims relating to the Product as such under these Terms.
   4. Plejd’s liability is only limited as permitted by applicable law or mandatory consumer protection law in the consumer’s country of residence where Plejd markets and sells the Product.

9. Term, termination, and changes

   1. These Terms and the agreement between the User and Plejd enter into effect when the User installs the App and will remain in force until further notice as long as the App is used by the User.
   2. Plejd reserves the right to make changes and amendments to these Terms from time to time. Any amendments to these Terms will be posted in the App and/or distributed by e-mail. Changes will become valid once the User has accepted the Terms (by using the App), or 30 days after Plejd has informed the User of the changes. The User is entitled to terminate the user account (including uninstalling the App) with immediate notification when the User becomes aware of such modification.

10. Miscellaneous

    1. Plejd reserves the right to develop, expand, reduce or otherwise modify the App’s design, technical specifications, systems, and other functions and the conditions thereof.
    2. The User acknowledges that the User must comply with applicable third-party terms of agreement when using the App.
    3. If any provision of these Terms is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal, or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
    4. Plejd has the right to assign any part of its rights and obligations under the agreement between Plejd and the User without the User’s prior consent.
    5. The User acknowledges that the Distribution Platform Provider may be a third-party beneficiary to the Terms and, upon the User’s acceptance of the Terms, the Distribution Platform Provider will have the right to enforce the Terms against the User as a third-party beneficiary to the Terms.

11. Governing law and disputes

    1. Any dispute, controversy, or claim regarding the interpretation or application of these Terms shall be governed by and construed in accordance with Swedish law and settled by the public court system in Sweden.