In force since 25.05.2018
General Terms and Conditions of Use of the www.mytesy.com and the “tesyCloud” mobile application, owned by „TESY” OOD.
Please read these Terms and Conditions carefully before using www.mytesy.com and the developed mobile application “tesyCloud”. The registration at www.mytesy.com will not be complete until you have explicitly stated that you have become familiar with these MyTesy General Terms of Use by ticking the empty box next to “I have read and I agree to the General terms“. We constantly seek to develop and improve our products and services, as well as to create new ones. We would like to send you newsletters via E-mail. If you give your consent, please tick the box next to ‘I agree to receive information material via E-mail from TESY OOD’. You may at any time withdraw your consent, and TESY OOD will not send you any information materials unless you expressly give your consent again. You can manage and withdraw your consent in your account's settings menu.
Once you withdraw your consent, TESY OOD will not send you any informational material unless you explicitly declare your consent again by means of a repeated explicit application in your profile settings menu.
Checking the empty boxes when your consent is requested will be considered by TESY OOD for affirmations by which you express your specific, concrete, informed and unambiguous declaration of consent.
If you have any further questions, or need any additional information related to the operation of the platform, including about your rights, please contact us at dpo@tesy.com.
1. DEFINITIONS
1.1. The terms used in the Terms and Conditions have the following meanings:
a. "Mobile application" means the "tesyCloud” mobile application, which is installed by the user by visiting the official Android Market and Apple App Store on mobile devices running iOS or Android, subject to the condition that the device on which the application is installed will be updated with the latest current operating system version or up to no more than one previous version in order for the user to work properly with the mobile application.
а.1 “www.mytesy.com” is the official web address of the 'cloud' managing the TESY electrical heating appliances over the internet (myTesy, in short)
b. "TESY OOD" (TESY) is a company registered under the laws of the Republic of Bulgaria, with a registered office and business address: Republic of Bulgaria, town of Shumen, 48 Madara Blvd., entered in the Commercial Register at the Registry Agency of the Republic of Bulgaria with unified identification code (UIC): 040029337, owner of the tesyCloud mobile application and the domain www.mytesy.com.
c. "User" means any natural person who downloads, installs, or uses the Mobile application www.mytesy.com and who has become acquainted with and accepts these Terms and Conditions and Personal Data Privacy and Security Policy at www.mytesy.com and the "tesyCloud” mobile application.
2. CONDITIONS
2.1. By accessing www.mytesy.com and the "tesyCloud" Mobile application, the User agrees to be bound by the requirements set forth in these General Terms of Use, with all applicable laws and regulations and assumes that he/she is responsible for compliance with all applicable local laws. If the User does not agree with any of these terms, he/she will not be able to take advantage of the functionality of the www.mytesy.com and the “tesyCloud” mobile application. The materials contained in www.mytesy.com and the “tesyCloud” mobile application are protected by the applicable copyright and related rights.
3. ACCESS AND USE OF www.mytesy.com and the "tesyCloud” MOBILE APPLICATION
3.1. The “tesyCloud” mobile application is designed for mobile devices running Android and iOS operating systems and is available for free download at the online Android Market and Apple App Store.
3.2. To use the "tesyCloud" Mobile application and its services, TESY establishes and publishes the minimum technical requirements that the User has to provide on the Application Software Store page. In order to improve the quality of the services provided, TESY reserves the right to make changes to the programs that execute it. If any of these changes requires a change in the required equipment, operating system, or Internet connection speed, TESY shall notify the User appropriately through the Mobile application or www.mytesy.com.
3.3. In order to use www.mytesy.com and the "tesyCloud" Mobile application the User must log on to www.mytesy.com in accordance with the instructions given and create a user profile in www.mytesy.com. For this purpose, the user should have a valid e-mail address and fill in all fields marked as mandatory in the electronic form available on the website www.mytesy.com. Only one user profile can be created with one e-mail address.
3.4. Upon registration, the user shall provide the following details: valid email address, account password and repeat account password, security code, guaranteeing that the user is not an "Electronic ROBOT", a check box for agreeing to the General Terms, and an option of ticking a box if the User wishes to receive e-mails from TESY (the latter is not mandatory). It is important for us that the user be acquainted with the Personal Data Privacy and Security Policy at www.mytesy.com and the tesyCloud mobile application, which is visible and available to users before the registration is complete, and at any time thereafter. If the e-mail address is not yet taken, the User registers an account. Through the e-mail address and password, the User gets access to his/her profile, as well as the opportunity to use the services of www.mytesy.com and the “tesyCloud” mobile application. By completing the data, the User declares and guarantees that the data he/she provides during the registration process is true, complete, accurate and not misleading, and undertakes to update his/her account in a timely manner. All passwords or access control information provided by TESY constitute confidential information. After the initial registration, TESY will not have access to your password. In the case of a forgotten password, an invitation to create a new password will be sent to the registered Email address. The procedure also includes manually entering a four-digit code when logging in and creating a new password.
Passwords and other login information for www.mytesy.comand the "tesyCloud" Mobile application must not be disclosed to third parties by the User. Every User is responsible for unauthorized access to his/her user account in case of unauthorized disclosure of a user password to a third party by the User.
The data provided by every User is used by TESY for the specified purposes only - to provide the service requested by the User, namely remote management of the connected appliances. Only if User's explicit consent is given, TESY may use the contact details of the User to send him/her information materials. TESY OOD will not disclose the information to third parties and will only use it for internal use in connection with the stated purposes and in accordance with the Personal Data Privacy and Security Policy at www.mytesy.com and the "tesyCloud” mobile application.
3.5. Internet access costs are not part of the services provided by www.mytesy.com and the mobile application, and each User is required to cover them at their own expense.
3.6. TESY has the right to permanently delete the user account of a registered User for reasons they consider to be justified on a case-by-case basis. Where this is possible, TESY shall inform the user in advance of the reasons for deletion of his/her account by giving his/her reasonable time for response/explanations before the final deletion.
4. LICENSING OF MOBILE CONTENT
4.1. Upon successful registration, according to the requirements of Section 3 of these General Terms, a contractual relationship arises between the User and TESY.
4.2. Under these General Terms and Conditions, TESY provides the User with a non-exclusive, limited, non-transferable right of use of www.mytesy.com and the „tesyCloud” mobile application. The right granted specifically includes: The right of the User to use www.mytesy.comand the "tesyCloud" mobile application only for personal and non-commercial use, and in accordance with its functions and application. The User has the right to install and save the Mobile application on IOS and Android Terminal Devices.
4.3. The rights granted under these General Terms and Conditions constitute the granting of a license and not the transfer of ownership. With the provided access, the User is not allowed to:
- change or copy materials;
- use materials for commercial or public display purposes (commercial and/or non-commercial);
- perform decompiling, decomposing or reverse engineering of the software of www.mytesy.com and the “tesyCloud” mobile application;
- remove copyright indications or other indications of intellectual property rights from the content of the materials;
- provide a "mirror" copy of the materials for upload to other servers;
- sell, lease, let, sublet, distribute, transfer or share www.mytesy.comand the “tesyCloud” mobile application or parts thereof;
- use in any way possible www.mytesy.com or the tesyCloud” mobile application, to derive profits or to generate income through direct or indirect methods;
- circulate activation code(s), registration codes of www.mytesy.com or the „tesyCloud” mobile application, licensing authorization files, licensing files for development to third parties without the prior consent of Tesy OOD.
4.4. This license terminates automatically in case of violation of any of the above mentioned limitations and may be withdrawn at any time. Upon termination of the access to the materials or upon the withdrawal of this license, the User is obliged to immediately remove, destroy and/or delete all downloaded materials and the installed "tesyCloud" mobile application, whether in electronic or in paper format.
5. LIABILITY
5.1. The whole content of www.mytesy.com and the “tesyCloud” mobile application is provided "as is" without any warranties of any kind or nature, explicit or implicit, rejects and excludes all other warranties including but not limited to: availability, accuracy, reliability, timeliness, completeness, implied warranties or merchantability conditions, fitness for a particular purpose, non-infringement of intellectual property rights or other related rights.
Apart from the above, TESY does not guarantee or make any declarations and does not make any commitments regarding the accuracy, probable results or the reliability of the use ofwww.mytesy.com and the “tesyCloud” mobile application for other purposes on the Internet, the presence of a mobile network, or uploading of links to some of the sites.
5.2. TESY does not guarantee that the mobile application will meet the User's requirements or needs, or that it is free of defects or errors, fault-tolerant or fail-safe, or that any inconsistencies can or will be removed, and that use will be uninterrupted. www.mytesy.com and the "tesyCloud" mobile application are not designed, manufactured, or intended for use in conditions or for applications that may cause death, personal injury, property damage or environmental damage. Any such use is at the User's own risk and at his/her expense.
5.3. Under no circumstances will TESY or its providers be liable for damages (including, but not limited to, damage caused by loss of data due to the User's misconduct, misuse of data, theft or damage to property) arising out of the upload and use or inability to use www.mytesy.com and the "tesyCloud" mobile application, even if TESY or an authorized representative of TESY has been notified verbally or in writing of the possibility of such damages occurring. TESY is not liable to the User for the cost of delivering spare parts and services; income foregone; missed sales or business expenses; investments; business-related obligations; any loss of reputation or any indirect, special, incidental or consequential damages arising out of or related to the use of www.mytesy.com and the mobile application, no matter how they were caused, under which theory of liability, and regardless of whether TESY was informed of the possibility of such damages. Since some jurisdictions do not allow the limitation of indirect guarantees or limitations of liability for indirect or incidental damages, if the User belongs to such jurisdiction, these limitations do not apply to him.
5.4. If, as a result of applying a law or other statutory requirement, TESY has to pay compensation, sum or another form of liability for damage resulting from the use of the service. www.mytesy.com and the “tesyCloud” mobile application by TESY's fault, the total cumulative liability of TESY referred to here for any grounds whatsoever for actions of any kind including, but not limited to, a contract, violation (including negligence), limited liability, breach of warranty, misinterpretation or others, shall not exceed the actual damage suffered by the User, as proven through the appropriate order.
5.5. At present for www.mytesy.com and the “tesyCloud” mobile application there are no user charges. The User agrees to these General Terms and Conditions based on the disclaimer and limitations set forth herein, and that they reflect the risk sharing between the parties, and that they constitute an essential part of the agreement between the parties.
5.6. www.mytesy.com and the "tesyCloud" mobile application only work as long as there is a network on the used mobile or fixed device. If the User has no network coverage, the "tesyCloud" mobile application will not work.
6. CONTENTS OR INFORMATION OF THE CONSUMER
6.1. All information and data, ("Content") created by the User with the help of www.mytesy.com and the "tesyCloud" mobile application are the sole responsibility of the User, and he/she takes all the risks associated with the use of his/her Content. The User declares and guarantees that the User uploaded information will be accurate, correct, up to date, and complete at all times.
All information provided by the User during the registration process or through the use of any other functionality of the site/mobile application will be processed by TESY in accordance with these General Terms and Conditions and the Personal Data Privacy and Security Policy at www.mytesy.com and the "tesyCloud” mobile application.
7. REVISIONS
7.1. The information materials (General Terms and Policies) relevant towww.mytesy.com and the "tesyCloud" mobile application may include technical, printed or photographic errors. TESY may make changes to the materials contained on www.mytesy.com and in the "tesyCloud" mobile application at any time and without notice but does not undertake any obligation to update the materials. All information materials are available to Users upon and after the registration at www.mytesy.com and in the User profile in “tesyCloud” mobile application.
You can terminate your registration at any time. Please log in to your profile settings page.
10. AMENDMENT OF THE GENERAL CONDITIONS
10.1. TESY may revise and amend these General Terms and Conditions at any time without prior notice.
The General Terms and Conditions of Use shall be effective from the date indicated at the bottom. When TESY makes amendments to the terms, the updated Terms will take effect on the day of their publication on www.mytesy.com and the „tesyCloud” mobile application. Of course, you can always refer to these Terms that are available on your User account.
If you use www.mytesy.com and the "tesyCloud" mobile application, after the amendment to the General Terms and Conditions, you will be bound by the new General Terms of Use.
11. APPLICABLE LAW
11.1. Any disputes between TESY and the users related to these General Terms and Conditions and the use of the www.mytesy.com and the “tesyCloud” mobile application will be resolved through negotiations between the parties. In the unlikely event of a legal dispute, it shall be settled in accordance with the provisions of the applicable law in the country of registration of TESY, regardless of the type of contradiction with the legal provisions.
12. Personal Data Privacy and Security Policy at www.mytesy.com and the "tesyCloud” mobile application
12.1. The Privacy of the User and his/her data is important to TESY We have developed our Personal Data Privacy and Security Policy to ensure clarity, honesty and transparence of data processing, and also to help you understand as Users how we collect, use, store and take care of the security of your personal data.
These General Terms and Conditions have been prepared in accordance with the applicable Bulgarian legislation in the field of provision of information society services.
The General Terms are available to any User on www.mytesy.com and the "tesyCloud" mobile application when creating a MyTesy account, and after signing up in the account settings menu.
The General terms were last updated on 25 May 2018 and have been in force since the date of their update.