Terms and Conditions

Terms and Conditions of Use of the Mobile Application for the Remote Control of Machines Provided by VMC Italia srl

1. Acceptance of Terms

By downloading, installing, or using this mobile application (“App”), the user (“User”) agrees to be bound by these Terms and Conditions of Use (“Terms”). If the User does not agree to all of the Terms, they must not download, install, or use the App.

2. Description of the App

The App allows the User to remotely control certain models of mechanical ventilation and air conditioning machines (“Machines”) provided by VMC Italia srl. The App’s functionalities may include, but are not limited to:

• Turning the Machines on and off.
• Adjusting the ventilation speed.
• Setting temperatures.
• Setting timers and programs.
• Monitoring the status of the Machines (e.g., temperature, humidity, filters).
• Viewing alerts and notifications.

The specific functionalities of the App may vary depending on the model of Machine connected.

3. Use of the App

3.1. The User agrees to use the App in accordance with these Terms and all applicable laws and regulations. 3.2. The User is responsible for ensuring compatibility between the App and their Machines and their mobile device. 3.3. The User is responsible for maintaining the confidentiality of their App login credentials. 3.4. The User agrees not to misuse the App, including, but not limited to: * Attempting to access unauthorized systems or data. * Interfering with the proper functioning of the App or the Machines. * Transmitting viruses or other harmful code. * Using the App for illegal or harmful purposes.

4. Intellectual Property

The App and all its contents, including, but not limited to, text, images, logos, software, and design, are the exclusive property of the App provider or its licensors and are protected by copyright laws and other intellectual property laws. The User does not acquire any ownership rights to the App or its contents other than the limited and non-exclusive right to use the App in accordance with these Terms.

5. Limitation of Liability

5.1. The App is provided “as is” and “as available” without warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. 5.2. The App provider does not warrant that the App will always be available, error-free, or secure. 5.3. To the maximum extent permitted by applicable law, the App provider shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including, but not limited to, loss of profits, loss of data, business interruption) arising out of the use or inability to use the App, even if the App provider has been advised of the possibility of such damages. 5.4. The User acknowledges and agrees that the use of the App to control the Machines is at their own risk. The App provider shall not be liable for any damage to the Machines or other property resulting from the use of the App.  

6. Indemnification

The User agrees to indemnify and hold harmless the App provider, its affiliates, officers, employees, and agents from any claim, liability, damage, loss, cost, or expense (including reasonable legal fees) arising out of or in any way connected with the User’s use of the App or the breach of these Terms.

7. Changes to the Terms

The App provider reserves the right to modify these Terms at any time by posting the updated version on the App or through other means of communication. The User is responsible for periodically reviewing the Terms. Continued use of the App after the posting of changes constitutes acceptance of those changes.

8. Termination

The App provider may, at its sole discretion, suspend or terminate the User’s access to the App at any time, without notice and for any reason, including a breach of these Terms.

9. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Italy. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the court of Bergamo, Italy.  

10. Contact Information

For any questions or clarifications regarding these Terms, the User may contact the App provider at [email protected].

11. Final Provisions

11.1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible. The remaining provisions of the Terms shall remain in full force and effect. 11.2. These Terms constitute the entire agreement between the User and the App provider with respect to the use of the App and supersede all prior or contemporaneous agreements or understandings, whether oral or written.  

Please read these Terms and Conditions carefully before using the App.