Terms of Service
ENIMPORTANT — This document is provided in English only. By accessing or using this website, the O-DOMO applications or any related service, you declare that you are able to read and fully understand English and that you accept the terms set out below. If you cannot read and understand English, or if you do not accept these terms, you must not use this website or application.
ESIMPORTANTE — Este documento se facilita únicamente en inglés. Al acceder o utilizar este sitio web, las aplicaciones O-DOMO o cualquier servicio relacionado, usted declara que puede leer y comprender plenamente el inglés y que acepta las condiciones expuestas a continuación. Si no puede leer y comprender el inglés, o si no acepta estas condiciones, no debe utilizar este sitio web ni la aplicación.
FRIMPORTANT — Ce document est fourni uniquement en anglais. En accédant à ce site web, aux applications O-DOMO ou à tout service associé, vous déclarez être en mesure de lire et de comprendre pleinement l'anglais et accepter les conditions ci-dessous. Si vous ne pouvez pas lire et comprendre l'anglais, ou si vous n'acceptez pas ces conditions, vous ne devez pas utiliser ce site web ni l'application.
CAIMPORTANT — Aquest document es facilita únicament en anglès. En accedir o utilitzar aquest lloc web, les aplicacions O-DOMO o qualsevol servei relacionat, declareu que podeu llegir i comprendre plenament l'anglès i que accepteu les condicions exposades a continuació. Si no podeu llegir i comprendre l'anglès, o si no accepteu aquestes condicions, no heu d'utilitzar aquest lloc web ni l'aplicació.
NLBELANGRIJK — Dit document wordt uitsluitend in het Engels verstrekt. Door deze website, de O-DOMO-applicaties of enige gerelateerde dienst te gebruiken, verklaart u dat u het Engels volledig kunt lezen en begrijpen en dat u de onderstaande voorwaarden aanvaardt. Als u het Engels niet kunt lezen en begrijpen, of als u deze voorwaarden niet aanvaardt, mag u deze website of applicatie niet gebruiken.
DEWICHTIG — Dieses Dokument wird ausschließlich auf Englisch bereitgestellt. Durch den Zugriff auf diese Website, die O-DOMO-Anwendungen oder damit verbundene Dienste erklären Sie, dass Sie Englisch vollständig lesen und verstehen können und die nachstehenden Bedingungen akzeptieren. Wenn Sie Englisch nicht lesen und verstehen können oder diese Bedingungen nicht akzeptieren, dürfen Sie diese Website oder Anwendung nicht nutzen.
ITIMPORTANTE — Questo documento è fornito esclusivamente in inglese. Accedendo o utilizzando questo sito web, le applicazioni O-DOMO o qualsiasi servizio correlato, Lei dichiara di essere in grado di leggere e comprendere pienamente l'inglese e di accettare le condizioni riportate di seguito. Se non è in grado di leggere e comprendere l'inglese, o se non accetta queste condizioni, non deve utilizzare questo sito web né l'applicazione.
1. Who we are
The O-DOMO website, applications, local server software and related subscription services (together, the "Service") are operated by , a company incorporated under the laws of the Principality of Andorra, with registered office in Andorra (the "Company", "we", "us"). You can contact us at hello@o-domo.com.
2. Acceptance and eligibility
By creating an account, subscribing, installing or using any part of the Service, you enter into a binding agreement with the Company under these Terms. You must be at least 18 years old and have legal capacity to contract. If you use the Service on behalf of another person or entity, you represent that you are authorised to bind them.
3. The Service
O-DOMO connects to compatible building-automation installations (such as KNX) and compatible third-party devices to provide control, scenes, automation and, where subscribed, optional alarm and camera modules, through a local server and companion mobile applications. Feature availability may depend on your installation, devices, network and subscription plan. We may improve, modify or discontinue features at any time; where a change materially reduces a paid feature, your remedy is cancellation under Section 7.
4. Accounts
You must provide accurate information and keep your credentials confidential. You are responsible for all activity under your account. Notify us promptly of any unauthorised use. We may suspend or terminate accounts that breach these Terms.
5. Free trial
New subscriptions may include a 14-day free trial starting at activation. If you do not cancel before the trial ends, the paid subscription starts automatically and the applicable fee is charged. One trial per building and per customer.
6. Subscriptions, prices and payment
The Service is provided on a per-building subscription basis (base plan plus optional modules), billed monthly or annually in advance. Displayed prices include applicable VAT unless stated otherwise. Payments are processed by Redsys, a third-party payment processor; we do not store your full card details. By subscribing you authorise recurring charges to your payment method at the then-current price until you cancel. We may change prices with at least 30 days' prior notice; changes apply from your next billing period.
Non-payment and suspension. If a due subscription payment cannot be collected, and payment remains outstanding seven (7) days after the due date, access to the Service is automatically suspended until payment is received: the O-DOMO applications will no longer control or display your installation and will show a notice that the subscription is not active. During suspension your configuration and data are preserved on your local server, and functions already configured to run autonomously on the local server (such as schedules) may continue to operate locally. Upon payment, full access is restored automatically without loss of data. Suspension for non-payment does not terminate the contract and does not relieve you of amounts already due; we may additionally terminate under Section 17.
7. Cancellation and refunds
You may cancel at any time from your account or via the contract cancellation page; cancellation takes effect at the end of the current billing period. Except where required by mandatory law, fees already paid are non-refundable and no pro-rata refunds are given for partial periods. Statutory withdrawal rights, where applicable, are not affected; by requesting immediate activation of the Service you expressly consent to performance beginning before the end of any withdrawal period and acknowledge the corresponding loss of the right of withdrawal to the extent permitted by law.
If you are a consumer in the EU/EEA, you have the right to withdraw from the subscription contract within fourteen (14) days of its conclusion, without giving any reason, by sending an unambiguous statement (e.g. by e-mail to hello@o-domo.com); you may use the model withdrawal form annexed to Directive 2011/83/EU, but this is not obligatory. If you requested that the Service begin during the withdrawal period and then withdraw, you shall pay an amount proportionate to the Service provided until you informed us of the withdrawal. The right of withdrawal is lost upon full performance where you gave the express consent and acknowledgement described above.
If you purchased your subscription as an in-app purchase through the Apple App Store or Google Play, the purchase is billed to your store account, renews automatically at the price and for the period shown at the time of purchase unless cancelled at least 24 hours before the end of the current period, and must be managed and cancelled through your App Store or Google Play subscription settings; refunds for such purchases are handled by the relevant store under its own terms.
8. Hardware, installation and your responsibilities
The Service is designed so that a non-technical person can set it up. You remain responsible for: (a) the condition and compliance of your electrical and building installation; (b) following the product instructions; (c) your local network and internet connection; and (d) engaging a qualified professional where work on electrical wiring is required or where local regulations so require. The Company is not responsible for defects in, or damage caused by, your building installation, wiring, gateways or third-party devices.
9. Acceptable use
You must not: use the Service unlawfully or to violate the rights (including privacy rights) of others, including recording persons without a legal basis; attempt to breach, probe or circumvent security; reverse engineer, decompile or extract source code except as permitted by mandatory law; resell or provide the Service to third parties except under a written partner agreement with us; interfere with the operation of the Service or other customers; or use the Service to operate safety-critical systems (see Section 11).
10. Third-party devices and services
The Service interoperates with third-party products, protocols and services (e.g. KNX installations, door locks, cameras). These are provided by their respective vendors under their own terms; we do not warrant their operation, availability or fitness, and compatibility may change if vendors alter their products or interfaces.
11. IMPORTANT — Not a life-safety or security-guarantee system
The Service, including the alarm and camera modules, is a convenience product. It is NOT a certified alarm system, NOT a life-safety system, NOT an emergency service, and NOT professionally monitored. It depends on your devices, electricity, local network and internet, any of which may fail. The Company does not promise that the Service will detect, prevent, record or notify you of any intrusion, fire, flood, damage or other event, and shall not be liable for losses claimed to result from any failure to do so. Do not rely on the Service to protect life, health or property; maintain appropriate certified systems and insurance for those purposes.
12. Availability, updates and support
We aim for high availability but the Service is provided without uptime guarantees; maintenance, updates or events outside our control may cause interruptions. We may deploy automatic updates to the applications and server software, including security updates and automatic database migrations. Support is provided in reasonable business hours through the contact channels indicated on the website.
13. Intellectual property
The Service, including software, design, logos, texts and images, is owned by the Company or its licensors and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own building(s) during your subscription. All rights not expressly granted are reserved. Third-party marks (such as KNX) belong to their respective owners; their use does not imply endorsement.
14. Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. Nothing in these Terms excludes warranties or rights that cannot be excluded under mandatory applicable law, including mandatory consumer rights.
15. Limitation of liability
To the maximum extent permitted by law: (a) the Company shall not be liable for indirect, incidental, special, consequential or punitive damages, loss of profits, revenue, data, goodwill, or for property loss, personal injury or third-party claims arising from reliance on the Service (including the alarm or camera modules); and (b) the Company's total aggregate liability for all claims arising out of or relating to the Service shall not exceed the amounts you paid to the Company for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing limits liability for wilful misconduct, gross negligence, or any liability that cannot be limited under mandatory law.
16. Indemnity
You will indemnify and hold the Company harmless from claims, damages and reasonable expenses (including legal fees) arising from your breach of these Terms, your unlawful use of the Service, or your violation of third-party rights (including recording or surveillance carried out without a legal basis).
17. Termination
We may suspend or terminate your access immediately if you materially breach these Terms, if required by law, or if the Service is discontinued (in which case prepaid, unused periods will be refunded pro-rata as your sole remedy). Sections that by their nature should survive (including 11, 13–16 and 20–22) survive termination.
18. Privacy
Our processing of personal data is described in the Privacy Policy, which forms part of these Terms.
19. Changes to these Terms
We may amend these Terms. For material changes we will give notice (e.g. by email or in-app) at least 30 days before they take effect. Continued use after the effective date constitutes acceptance; if you do not accept, cancel before that date.
20. Governing law and jurisdiction
These Terms are governed by the laws of the Principality of Andorra. Any dispute shall be submitted to the exclusive jurisdiction of the courts of the Principality of Andorra, without prejudice to any mandatory consumer right to bring or defend proceedings in another jurisdiction or before consumer bodies.
21. Apple App Store and Google Play
If you obtained the application through the Apple App Store, the following applies. These Terms are concluded between you and the Company only, and not with Apple Inc. ("Apple"); the Company, not Apple, is solely responsible for the application and its content. The licence in Section 13 is further limited to a non-transferable licence to use the application on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of the Company. The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and use of it, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defence, settlement and discharge of such claim. You represent and warrant 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. Questions, complaints or claims with respect to the application should be directed to the Company at the address in Section 24. You must comply with applicable third-party terms of agreement when using the application (for example, your wireless data service agreement). Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your licence of the application, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
22. Language
These Terms are drawn up and executed in English only, which you declare you read and understand (see the notice at the top of this document). Any courtesy translation that may circulate is for information only; the English version prevails.
23. Miscellaneous
If any provision is held invalid, the remainder stays in force and the invalid provision is replaced by a valid one closest to its intent. Our failure to enforce a provision is not a waiver. You may not assign this agreement without our consent; we may assign it to a successor of the business. These Terms, the Privacy Policy and your subscription order form the entire agreement between you and the Company regarding the Service.
24. Contact
— Principality of Andorra · hello@o-domo.com