MY POOL EXPERT User service Terms
1st April 2022
These Terms are important so please read them carefully. They apply to your activities on this application software or via its website (collectively, "App").
You should only use the App if you agree with these Terms. When you click to accept the Terms, you will be legally bound by these Terms. We recommend that you print a copy for your records.
We may change these Terms from time to time so you should check back regularly to see if anything has changed but we will also notify you of any significant changes on the App. Changes will become effective from the next time that you access your account. Changes we make which are necessary to comply with law or which enhance our Services or are minor will apply automatically.
1 WHO WE ARE, WHAT WE DO AND CONTACTING US
(a) We are BAYROL Deutschland GmbH, with registered address Robert-Koch-Straße 4, 82152 Planegg, Germany ("Company"). We provide an App to assist you in the customized maintenance of your pool ("Services").
(b) If you have any questions about anything in these Terms, our Services, or if you wish to make a complaint, then just contact the Company as set out below:
In France:
Tel: 04 72 53 23 60
Email: bayrol@bayrol.fr
In Spain: Tel: 93 713 07 43
Email: bayrol@bayrol.es
In Germany & other export countries:
Tel: +49 89 857 01-0
Email: bayrol@bayrol.de
2. YOUR RIGHTS AND RESTRICTIONS
(a) The App is for your own personal and non-commercial use only.
(b) When using the App, you agree not to:
(i) attempt to undermine the security or integrity of the App, the Company's computing systems or networks (or its suppliers'). The Company will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them;
(ii) use, or misuse, the Services or App in any way which may impair the functionality of the Services or App, or other systems used to deliver the Services or App or impair the ability of any other user to use the Services or App;
(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services or App are hosted;
(iv) transmit, or input into the Services or App, any files, content or data that may damage any other person's computing devices or software, content that may be offensive, or are in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
(v) create links to the App unless the Company gives you prior written consent;
(vi) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the App except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
(vii) impersonate any other person while using the App;
(viii) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the App; or (ix) use the App for any unlawful purpose.
(c) You may have other rights granted by law, and these Terms do not affect these except if the two are inconsistent. In the case of any inconsistency between the law and these Terms, then these Terms will override any other rights which you may have, unless otherwise prohibited by law.
3. DATA
(a) Company takes its responsibility for care of personal data very seriously. The Company does not collect any personal data in your use of the App. None of the information you input into the app identifies you individually.
(b) Company may use generic, anonymised, aggregated information about your use of the App and Services in order to improve its Services and the App and research into new products and services. Company will never use any information in a way that identifies you individually.
4. DISCLAIMERS
(a) This App and the Services are provided on an information-only basis and you should not rely on, or take (or not take) any decision based on any information, results, suggestions found on or obtained through this App. Any actions or decisions that you take are entirely at your own risk.
(b) Other than as set out in these Terms the App is provided on an "as is" and "as available" basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the App or the Services or any information, content, materials or products included or referenced on the App.
(c) Company does its best to ensure that the information accessed through the App is accurate and up to date but cannot guarantee that this will always be the case.
(d) Company aims to make the App available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of Company's control, such as the internet.
(e) Company follows industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the App or the device that you use to access the App, but Company cannot guarantee that the application will be totally free from viruses and malware.
(f) Company does not guarantee that the App will be compatible with all hardware and software that you may use.
(g) The App may contain links to third party Apps or programs that are not controlled by Company. Company is not responsible for the content, terms and conditions, offers or privacy policies of such sites and programs. Your dealings with third party sites are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.
5. COMPANY'S RIGHTS AND OBLIGATIONS
(a) Company may change, modify, amend or remove some or all of the functionality or content on the App at any time.
(b) You agree that Company is free to use any comments, information or ideas contained in any communication you may send to Company without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the App, Services or other products or services.
(c) Company is the owner of the App, which includes (but without limitation) any software, applications and domains made available through it.
(d) All intellectual property rights in the App, and the content (except the personal information of you and other users contained your and their accounts), video, audio, graphics, logos, icons and service names which appear on the App belong, or are licensed, to Company. You do not have any rights to such intellectual property except as expressly set out in these Terms.
(e) Company is only liable to you for losses which you suffer as a direct result of Company's breach of these Terms and which are reasonably foreseeable. Company is not liable for any other losses or for business losses (including but not limited to loss of profits, contracts, goodwill or opportunity) and is not liable for damages caused by a breach of a non-material contractual obligation.
(f) These Terms do not exclude or limit Company's liability (if any) for any matter which it would be illegal for Company to exclude or attempt to exclude Company's liability.
6. GENERAL
(a) You may not transfer any of your rights under these Terms to any other person.
(b) Company may transfer any of its rights under these Terms to any person or ask any person to fulfil any aspect of it so long as the performance of these Terms is not affected.
(c) Only you and Company have any rights under these Terms. No other person shall have any rights under these Terms.
(d) These Terms will be governed by German law and you agree that the courts of Germany shall have the non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.