HABI APP 

 

The following document (hereinafter referred to as “Document”) sets out the Terms And Conditions specific to Salus Controls PLC. and its affiliates (hereinafter referred to as ”Habi”, ”we”, “us” or “our”) products, devices and services (collectively hereinafter referred to as “Products”), that are operated by and/or under the setting of the Habi application (hereinafter “App” or “Application”).  

This Document covers users in the European Economic Area (“EEA”) and in the United Kingdom (“UK”) of the following Products operated through the Application: 

Any reference to “you”, “your” or “User” shall mean the user of the operated by the Application Products and includes any individual or commercial users. 

You must be at least 18 years of age to register an account on the Application. Our Products and Apps are not intended or directed to persons under the age of 18. 

 

TABLE OF CONTENTS 

HABI APP          

TERMS AND CONDITIONS OF THE APPLICATION HABI

 

A) Preliminary provisions

B) Definitions

C) General Rules

D) Terms of Service

E) Technical Conditions

F) License

G) Prohibition of Unlawful Activities and Content

H) Complaints

I) Personal Data

J) Final Provisions

 

TERMS AND CONDITIONS OF THE APPLICATION HABI

 

A. Preliminary provisions  

 

  1. The Habi app is maintained by Habi. The Application is available for free download in the stores AppStore and Google Play. The Application allows the User to operate the Products using a mobile device (hereinafter referred to as “Device”).
  2. This Terms and Conditions is addressed to both Consumers and Entrepreneurs using the Application and sets out the rules for the use of the Application.
  3. Any contact with SALUS Controls can be made by mail at SALUS Controls Plc, Units 8-10, Northfield Business Park, Forge Way, Rotherham, South Yorkshire, S601SD United Kingdom, or to the e-mail address of info@habismarthome.com.   

 

B. Definitions 

 

  1. Agreement concluded at a distance – an agreement concluded with a Customer within an organized system for concluding agreements at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the agreement.
  2. Application – Habi application maintained by Habi.
  3. Consumer – a natural person concluding an agreement with the Seller through the store, the subject of which is not directly related to its business or professional activity.
  4. Customer – any entity using the Services provided by Habi through the Application.
  5. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, which uses the Store on its own behalf in matters directly related to its business.
  6. Product – Products, Devices
  7. Regulations – these Terms and Conditions of the Application.
  8. Registration form – a form available in the app that allows you to create an Account.
  9. Services – services provided by Habi to Customers through the Habi Application to the extent and in accordance with the terms and conditions set forth in the Regulations. Seller – Habi  

 

C. General Rules 

 

  1. Habi shall provide Services in accordance with the Regulations.
  2. The Regulations constitute the terms and conditions within the meaning of Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (i.e. Dz.U.2019.123 with amendments) and determine in particular: the types and scope of Services, the conditions for their provision, including the technical requirements necessary for the use of the Application and the procedure for complaints.
  3. The Regulations are available free of charge on the website: https://habismarthome.com
  4. Familiarization with and acceptance of the Regulations constitute the conditions of the Customer’s use of the Application and the Services provided through it by Habi.
  5. The Regulations are applicable to Services provided by Habi to Customers.

 

D. Terms of Service  

  

  1. The provision of the Services shall commence upon the Customer’s use of the Application and shall not be limited in time.
  2. The commencement of the use of the Application shall be preceded by reading the Regulations and acceptance of its terms. Reading and acceptance of the Regulations is a condition necessary for the use of the Application and the Services.
  3. Use of the Services requires the Customer to register in the Application. In order to register, it is necessary for the Customer to complete the data via the Registration Form.
  4. The Customer may stop using the Application at any time.
  5. The Application is made available to Customers free of charge.
  6. The Customer shall bear the costs of data transmission required to download the Application and to use the Application and the Services, in accordance with the terms of its agreements with the telecommunications operator or Internet provider. Habi shall not be liable in any way related to the amount of fees charged for data transmission required to download or use the Application, including the Services.

 

E. Technical Conditions  

 

  1. Use of the Services requires downloading and installing the Application on the Device. The Application is available for download from stores Google Play and the AppStore.
  2. Both the download and installation of the Application and the use of the Services require connection of the Device to the Internet.
  3. In order to use the Application and the Services, the Device must meet the following technical requirements:
    • mobile devices with Android 9.0 or later.
    • mobile iPhone devices with iOS 16.5 or later.

 

F. License 

  

  1. Upon downloading the Application and starting to use it (and the Services), Habi grants to the Customer, without payment, a non-exclusive and non-transferable license, without territorial restrictions, to use the Application in the following fields of exploitation:
    • The license entitles the Customer to download the Application from stores Google Play or AppStore free of charge and to use it as intended, that is, to use the Services and the Store.
  2. The Customer is obliged to use the Application in accordance with the rules set forth in the Regulations. Any actions contrary to the Regulations are prohibited and shall automatically terminate the license referred to in this section, which shall not preclude Habi from pursuing further claims.
  3. The Customer acknowledges and accepts that all rights, including intellectual property rights, to the Application are owned by Habi. Therefore, the Application is specifically protected by intellectual property rights. Accordingly, the Customer acknowledges and accepts that:
    • Habi does not agree to use the Application without reading and accepting the Regulations, or to any extent other than permitted by the Regulations,
    • It is prohibited, except as otherwise provided by generally applicable law, for the

Customer or any other person to reverse-engineer, decompile or disassemble the Application, and Habi will pursue any and all claims provided by law in the event of such unauthorized activities. 

 

G. Prohibition of Unlawful Activities and Content 

  

  1. As part of the use of the Services, it is prohibited for the Customer to provide content of an unlawful nature, including, in particular:
    • data and information prepared in a manner that poses a risk of compromising the security or stability of the Application,
    • information that violates any goods of Habi or third parties,
    • other data and information in violation of mandatory provisions of law, including, in particular, pornographic content, content referring to racism, nationalism, fascism, or promoting violence.
  2. When using the Application or Services, Customers are obliged to act in accordance with generally applicable laws and principles of social coexistence.
  3. It is prohibited for Customers to use the Application or the Services in a manner contrary to generally applicable laws, good morals or in a manner that violates the legitimate interests of Habi. In particular, the Customer agrees that he/she will not take actions that could expose Habi to any damage.
  4. It is forbidden for the Customers to download the contents of the databases provided in the Application and to reuse them in whole or in part.
  5. The Customer acknowledges and accepts that all materials available in the Application are subject to intellectual property protection. The Customer is entitled to use them only within the scope of permitted personal use. It is forbidden to copy, reproduce, distribute on the Internet or use in any other way or form the materials in the Application beyond the limits permitted by generally applicable laws.

 

H. Complaints 

 

  1. The Seller is obliged to provide the Customer with an item free from defects.
  2. If there is a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty of defects provisions of the Civil Code. If the Customer is an entrepreneur, the parties exclude liability under warranty of defects.
  3. Complaints regarding Offers, Orders and their execution or performance of Agreements should be submitted directly to Habi, using the contact information contained in the Offer.
  4. Complaints regarding the Services should be addressed to the e-mail address: info@habismarthome.com
  5. Complaints referred to above will be considered by Habi immediately, no later than within two weeks from the notification. Confirmation of receipt of the complaint, as well as the result of its consideration, Habi will send to the Customer at the e-mail address provided in the complaint application.

 

I. Personal Data 

 

  1. Habi shall process and store the Customer’s personal data.
  2. Information about the storage and processing of personal data, including the possibility and manner of correcting/changing/deleting such data, can be found in the Privacy Policy, available in this Document above.

 

J. Final Provisions  

 

  1. The provision of Services by Habi to Customer shall be governed by the generally applicable provisions of UK law, in particular the provisions of the Civil Code, the act of 18 July 2002 on the provision of electronic services ( Dz.U.2016.1030 with amendments) and the act of 30 May 2014 on consumer rights (Dz.U. 2014 item 827),
  2. The Regulations shall be governed by and interpreted in accordance with German law. However, the choice of German law shall not have the effect of depriving the consumer of the protection granted to him under the provisions that cannot be excluded by agreement under the law of the consumer’s country.
  3. Any disputes that may arise from these Regulations shall be resolved according to the jurisdiction of the Federal Republic of Germany. The competent court shall be the court having jurisdiction over the seat of SALUS Controls GmbH i.e. one of the subsidiaries of Salus Controls Limited.
  4. The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
  5. Habi is entitled to amend and/or update the Regulations at any time. The new wording of the Regulations will be made available to Customers on 10 January 2025
  6. The new wording of the Regulations is effective as of the date of its publication on 10 January 2025, and binds the Customer from the moment of its acceptance. The Customer acknowledges and accepts that the use of the Application always requires acceptance of the Regulations in their current wording, i.e. that without acceptance of the changes to the Regulations he/she will not be able to use the Application. If the Customer does not accept the changes to the Regulations, he shall uninstall the Application from his device.
  7. The Regulations are effective as of 10 January 2025.

 

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