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In effect as from 26 September 2021
Please read these General Terms and Conditions carefully before using www.mytesy.com and the developed mobile application MyTesy. The registration with MyTesy cannot be completed until you expressly confirm that you have read and accept these General Terms and Conditions of MyTesy by ticking the box next to “I have read and agree to the General Terms and Conditions”. We are constantly developing and enhancing our products and services, as well as creating new ones. We would like to send you information of the novelties by email. In case you agree, please tick the box next to “I agree to receive information materials by email from TESY Ltd.”. You can withdraw your consent at any time and TESY Ltd. will not send information materials to you any more unless you expressly grant a new consent to that effect. You can manage and withdraw you consent from the settings menu of your account.
After withdrawing your consent, TESY Ltd. will not send information materials to you any more unless you expressly ask for that by a new express statement in the settings menu of your account.
When your consent is required, the ticking of the box will be considered by TESY Ltd. as a confirmation, whereby you express your free, specific, informed and clear-cut statement of consent.
Should you have further questions or need additional information related to the functioning of the platform, please contact us at dpo@tesy.com
1. DEFINITIONS
1.1. The terms used in the General Terms and Conditions have the following meanings:
a) “Mobile application” means the mobile application MyTESY, which the user installs by visiting the official internet shops Google Play, AppGallery and Apple App Store, on а mobile device with the iOS or Android operating system, whilst complying with the condition to update the device on which the application will be installed, to the minimum required version of the relevant operating system of the device, to be downloaded by the user from Google Play, AppGallery and Apple App Store;
b) “www.mytesy.com” is the official Internet address of the cloud service for TESY appliance control via the internet (shortly referred to as MyTESY);
c) TESY Ltd. (TESY) is a company registered in accordance with the laws of the Republic of Bulgaria, having its domicile and registered address in the Republic of Bulgaria, 9700 Shumen, 48 Madara Blvd., registered with the Trade Register and the Register of Non-Profit Legal Entities kept by the Registry Agency of the Republic of Bulgaria, UIC: 040029337, which is the owner of the mobile application MyTESY and of the domain www.mytesy.com;
d) “User” is any natural person, who downloads, installs or uses the Mobile Application and www.mytesy.com, and who has read and accepts these General Terms and Conditions and the Personal Data Privacy Policy of www.mytesy.com and the Mobile Application MyTESY.
2. TERMS AND CONDITIONS
2.1. By accessing www.mytesy.com and the Mobile Application MyTESY, the User agrees to the bound by the requirements specified in these General Terms and Conditions, all applicable laws and regulations, and accepts that they are liable for the compliance with all applicable local acts. If the User does not agree to any of these terms and conditions, they will not be able to use the functionality of www.mytesy.com and of the Mobile Application MyTESY. The materials contained in www.mytesy.com and in the Mobile Application MyTESY are protected by the applicable copyright and neighbouring rights.
3. ACCESS TO AND USING OF www.mytesy.com and the MOBILE APPLICATION MyTESY
3.1. The Mobile Application MyTESY is intended for mobile devices running Android and iOS operating systems and is available for free download at the online shops Google Play, AppGallery and Apple App Store.
3.2. In relation to the using of the Mobile Application MyTESY and of the services that are provided through this application, TESY specifies and posts on the Application's page in the software online shop, the minimum technical requirements that the User needs to ensure. With a view to the improvement of the provided services’ quality, TESY reserves the right to make changes in the programs that are running it. Should any of these changes require substitution of the necessary equipment, the operating system or the speed of the internet connection, TESY will notify the User in an appropriate manner via the Mobile Application or www.mytesy.com.
3.3. In order to use www.mytesy.com and the Mobile Application MyTESY, the User needs to register via the Mobile Application or on the website www.mytesy.com in accordance with the instructions provided and to create their user account. For this purpose, the User will need a valid email address and has to fill in all mandatory fields of the electronic form that is accessible via the website www.mytesy.com and the Mobile Application MyTESY, respectively. The User can create only one user account with the same email address.
3.4. For the registration, the User will have to provide the following details: a valid email address, a password and a second entry of the password for the account, a security code ensuring that the User is not an electronic robot (only applicable for registrations via the website www.mytesy.com), a tick to indicate the consent with the General Terms and Conditions, and the option to tick a box if the User would like to receive emails from TESY (the latter is not mandatory). It is important to us that the User be familiar with the applicable Personal Data Privacy Policy of www.mytesy.com and the Mobile Application MyTESY, which is posted and available to the Users before the completion of the registration, as well as at any time thereafter. If the email address is not already used, the User account will be registered. Using the email address and the password, the User will get access to their user account and can use the services available on www.mytesy.com and the Mobile Application MyTESY. By providing the details, the User ensures and declares that the data provided in the course of the registration, are correct, complete, accurate, and not misleading, and undertakes to update their account should the above data change. All passwords or other credentials for the controlled access provided by TESY, constitute confidential information. After the initial registration, TESY will not have access to your password. Should the password be forgotten, an invite to create a new password will be sent to the registered email address.
The User should not provide the passwords and the other login information for www.mytesy.com and the Mobile Application MyTESY to any third persons. Each User is liable for unauthorized access to their user account, should they unduly disclose their user password to third persons.
TESY is using the data provided by each User, for the specific purposes only – providing of the service requested by the User, namely the remote control of the connected devices. TESY may use the User contact details to send information materials, only if the User has provided their express consent. TESY Ltd. will not provide the information to third persons and will use it internally only in relation to the specified purposes and in compliance with the Personal Data Privacy Policy of www.mytesy.com and the Mobile Application MyTESY.
3.5. The internet access costs are not part of the services provided by www.mytesy.com and the Mobile Application MyTESY and each User will cover these at their own expense.
3.6. TESY is entitled to delete completely the account of a registered User, as the case may be, due to reasons that the company considers well-grounded. Should this be imminent, TESY will notify the User in advance of the reasons for the deletion of their account, providing reasonable timeline for reply/explanations, before the final deletion.
4. LICENSING OF MOBILE CONTENT
4.1. Upon the successful completion of the registration in accordance with the provisions of Section 3 of these General Terms and Conditions, the User and TESY will be bound by contractual relations.
4.2. Pursuant to these General Terms and Conditions, TESY grants to the User a non-exclusive, limited, non-transferable right to use www.mytesy.com and the Mobile Application MyTESY. The granted right includes in particular: the User's right to use www.mytesy.com and the Mobile Application MyTESY for their personal needs only and not for profit, as well as in accordance with its functions and intended purpose. The User is entitled to install and save the Mobile Application on devices running IOS and Android.
4.3. The rights granted by virtue of these General Terms and Conditions constitute licensing, not a transfer of title. The granted access does not entitle the User:
- to change or copy materials;
- to use materials for profit or for public display (commercial or non-commercial);
- to decompile, decompose or reverse engineer the software of www.mytesy.com and the Mobile Application MyTESY;
- to remove copyright or other intellectual property notices from the content of the materials;
- to provide mirror copies of the materials for uploades to other servers;
- to sell, rent out, lease, sublease, disseminate, transfer or share www.mytesy.com and the Mobile Application MyTESY or parts thereof;
- to use in any manner whatsoever www.mytesy.com or the Mobile Application MyTESY to gain any profits or generate income, either directly or indirectly;
- to disseminate activation code(s), registration codes of www.mytesy.com or the Mobile Application MyTESY, license authorization files, license design files among third parties without the prior consent of TESY Ltd.
4.4. This license is terminated automatically should any of the specified basic restrictions be violated and may be withdrawn at any time. Should the access to the materials be terminated or this license be withdrawn, the User should immediately remove, destroy and/or delete all downloaded materials and the installed Mobile Application MyTESY, regardless of whether these are in electronic form or on paper.
5. LIABILITY
5.1. The whole content of www.mytesy.com and the Mobile Application MyTESY is provided as is, with no guarantees of any kind whatsoever, either express or implied, and any other guarantees are waived and excluded, including, but not limited to: availability, accuracy, reliability, timeliness, completeness, implied guarantees or marketability conditions, fitness for a specific purpose, non-breach of intellectual property rights or other neighbouring rights.
Furthermore, TESY provides no guarantees, makes no statements and assumes no liability as to the accuracy, potential results or reliability of the use of www.mytesy.com and the Mobile Application MyTESY for other purposes in the internet, the availability of mobile network or the upload of links to any of the sites.
5.2. TESY provides no guarantee that the Mobile Application will satisfy the User requirements and needs or that it is free from any defects or faults, fault-tolerant or fail-safe, or that any incompliance may and will be made good, as well as that the availability will be uninterrupted. www.mytesy.com and the Mobile Application MyTESY are not designed, manufactured or intended for use or for applications which might cause death, bodily injury, damages to property or environmental damage. Any such use is at the own risk and expense of the User.
5.3. TESY or their suppliers will in no case be held liable for damages (including, but not limited to damages caused by data loss through the User's fault or unauthorized use of data, theft or damages to property), resulting from the uploading and using, or the impossibility to use www.mytesy.com and the Mobilе Application MyTESY, even if TESY or its authorized representative has been notified, orally or in writing, of the potential for the occurrence of such damages. TESY will not be liable before the User for any costs for the supply of spare parts and services; loss of profits; loss of sales or business costs; investments; business-related obligations; loss of goodwill; or any indirect, special, accidental or consequential damages resulting from or related to the use of www.mytesy.com and the Mobile Application, regardless of how these are caused, based on which theory of responsibility, and irrespective of whether TESY has been notified of the potential for occurrence of such damages. Since certain jurisdictions does not allow to limit the indirect guarantees or the responsibility for indirect or accidental damages, should the User belong to such jurisdictions, these limitations will not concern them.
5.4. If as a result of the application of a law or other legal requirement, TESY has to pay an indemnity, sum or other form of liability is imposed on the company in relation to damages resulting from the use of the services of www.mytesy.com and the Mobile Application MyTESY through the fault of TESY, the overall cumulative liability of TESY, as specified herein, due to any reasons and for actions of any kind whatsoever, including, but not limited to contract, tort (incl. negligence), limited liability, violation of a guarantee, incorrect interpretation, etc., will not exceed the cost of the damages actually suffered by the User, to be duly proven.
5.5. Currently, there are no fixed fees for the use of www.mytesy.com and the Mobile Application MyTESY. The User agrees to these General Terms and Conditions, taking into account the waiver and limitations specified herein, and confirms that these reflect the risk sharing between the parties and constitute an essential part of the transaction between the parties.
5.6. Certain models of TESY appliances (those supplied with the Local Control function) can be controlled via the Mobile Application MyTESY even if the mobile device being used and the appliance itself have no internet connection. In such cases, should there be no internet connection, the control of the appliance is performed through a direct connection between the mobile device and the appliance being controlled.
In all other cases, www.mytesy.com and the Mobile Application MyTESY will only function as long as the mobile or stationary device being used and the appliance being controlled, have an internet connection, provided that should there be no internet connection, the appliance cannot be controlled via www.mytesy.com and the Mobile Application MyTESY.
6. USER CONTENT OR INFORMATION
6.1. The whole information and all data (Content) created by the User through www.mytesy.com and the Mobile Application MyTESY remain a responsibility of the User only, and they carry all risks associated with the use of their Content. The User warrants and guarantees that the information uploaded by them will be accurate, correct, up-to-date and complete at any time.
The whole information that the User will provide during the registration process or through the use of any other functionality of the site/mobile application, will be processed by TESY in compliance with these General Terms and Conditions and the Personal Data Privacy Policy of www.mytesy.com and the Mobile Application MyTESY.
7. REVISIONS
7.1. The information materials (General Terms and Conditions and Policies) applicable to www.mytesy.com and the Mobile Application MyTESY can have technical, printing or photographic errors. TESY is entitled to make changes to the materials posted on www.mytesy.com or in the Mobile Application MyTESY at any time and without prior notice, however, TESY does not undertake to update the materials. All information materials are available to the Users upon and after the registration of the User account on www.mytesy.com and in the Mobile Application MyTESY.
8. TERMINATION OF REGISTRATION
You can terminate the registration at any time. Please open the settings page of your account.
9. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
9.1. TESY can revise and amend these General Terms and Conditions at any time and without prior notice.
The General Terms and Conditions are in effect as from the date specified herein below. Should TESY amend the Terms and Conditions, the updated Terms and Conditions will enter in effect on the day of their posting on www.mytesy.com and in the Mobile Application MyTESY. Certainly, you can always consult these Terms and Conditions which are available in your user account.
If you are using www.mytesy.com and the Mobile Application MyTESY after an amendment of the General Terms and Conditions, you will be bound by the new General Terms and Conditions.
10. APPLICABLE LAW
10.1. Any disputes between TESY and the users related to these General Terms and Conditions and to the use of www.mytesy.com and the Mobile Application MyTESY will be settled through negotiations between the parties. In the very unlikely event of a legal dispute, it will be settled in accordance with the provisions of the effective legislation of the country of registration of TESY company, regardless of the type of contradiction with the legal provisions.
11. Personal Data Privacy Policy of www.mytesy.com and the Mobile Application MyTESY
11.1. The privacy of the User and of their personal data is important to TESY. We have designed our Personal Data Privacy Policy with the intention to guarantee the clarity, integrity and transparency of data processing, as well as to make you, the Users, aware of the way we are collecting, using, storing and safe-keeping your personal data.
These General Terms and Conditions are drawn up in accordance with the applicable Bulgarian legislation in the field of provision of information society services.
The General Terms and Conditions are available to each User of www.mytesy.com and the Mobile Application MyTESY upon the creation of a MyTesy account, as well as, after the registration, in the settings page of the account.
The General Terms and Conditions were last updated on 26 September 2021 and enter in effect as from the day of their updatе.