STERILOR XP MOBILE APPLICATION GENERAL TERMS AND CONDITIONS OF USE

Version 1.2 – 01/04/2021

The purpose of these general terms and conditions of use (hereinafter referred to as “GCUs”) is to lay down the rules of use of the “STÉRILOR XP” mobile application (hereinafter referred to as the “Application”), published by ASPOOL.

IT IS IMPORTANT THAT YOU READ THE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MOBILE APPLICATION.

IF YOU REFUSE THE GENERAL TERMS AND CONDITIONS OF USE, YOU MUST NOT CLICK “I ACCEPT”.

IF YOU USE THE APPLICATION IN ANY WAY, YOU UNDERTAKE TO RESPECT THESE TERMS AND CONDITIONS OF USE WHICH ARE A CONTRACT BETWEEN ASPOOL AND YOURSELF.

Article 1: Definitions

Terms beginning with a capital letter in these GCUs, whether used in the singular or plural, will have the meaning ascribed to them below:

“ASPOOL”: refers to ASPOOL, SAS, a simplified joint-stock company with a capital of € 300,000.00, of which the registered office is at SPAY (72700) ZAC DE LA ROUVELLIERE, registered with Le Mans Registry of Trade and Companies under No. 400 916 979;
“Application”: refers to the “STERILOR XP” mobile application published and supplied by ASPOOL, which provides access to the Services, is available free of charge in the Apple “App Store” and Google’s “Google Play” to be downloaded by Users to their Apple iOS and/or Android terminals;
“GCUs”: means these general terms and conditions of use of the Application;
“Content”: means, without the list being comprehensive, the structure of the Application, the editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element of the Application;
“Services”: means the different features and services provided by the Application;
“System”: means the connected pool water treatment system;
“User”: means any natural persons of legal age or minors having first obtained permission from the holder of parental authority, who use the Application and Services to control their System.

Article 2: Acceptance of the GCUs

These GCUs define the methods and conditions in which Users access the Application and the associated Services in order to control their System. Application downloads, access to the Application, to the Content and the Services, as well as their use, are subject to full acceptance by the User of these GCUs without reserves, which the User approves and of which they declare having perfect knowledge. Accordingly, these GCUs constitute a contractual agreement between the User and ASPOOL. If said GCUs are refused, the User undertakes not to use or access the Application and its Services.

The relationship between the User and ASPOOL will always be governed by the last applicable GCUs on the day the User uses the Application and its Services. ASPOOL reserves the right to modify the provisions of the GCUs at any time, in whole or in part, to adapt them to development of the Services, technical, legal, regulatory or common law developments.

If these GCUs were to be modified, the User will be invited to accept the new GCUs which will become applicable to them on the acceptance date. Users may, nevertheless, terminate their subscription by email with acknowledgement of receipt within one month from being notified that the GCUs have been modified. If Users do not use this option within the given time limit, they are considered to have accepted the modified GCUs.

Article 3: Purpose of the Application

The purpose of the Application is to provide the User with the following Services:

Simplified pool water treatment control;
Connection of the System to the Application using Bluetooth or Wifi;
Viewing of System data in real time and viewing history;
Update of System parameters;
Allow to monitor the System, take control of the System remotely, troubleshoot the System remotely with or without on site assistance, carry out remote maintenance, and remotely update or re-programme the System.

The User acknowledges and accepts that the Application may change and that as a result, the Services may be adapted without ASPOOL being liable in any way.

All removal of Services offered by the Application will be notified to the User. The User may then terminate their subscription by email with acknowledgement of receipt within one (1) month. If the User does not use this option within the given time limit, they are considered to have accepted the modified Services from the date they become applicable.

Article 4: Financial terms and conditions

ASPOOL offers Users the Application free of charge except for the subscription costs for the mobile phone operator, the connection and Internet access costs, and any eventual extra cost invoiced by the Users’ operator to cover data loading.

Article 5: Access to the Application - Access to the Services

Conceded rights. By these general terms and conditions of use, ASPOOL grants the User a personal, non-exclusive, non-transferable and revocable right to access the Application for solely personal purposes in order to benefit from the Services offered by ASPOOL as part of the Application use.
Free Application download. To download and use the Application, Users must have a compatible telephone or mobile terminal and an Internet access. The telecommunications costs for access to the Application are borne exclusively by the User, as are the communication costs resulting from its use. The Application can be downloaded free of charge from the “App Store” and “Google Play” platforms for the following mobile terminals:

Apple® iPhone® mobile phone with iOS 10 or later operating system;
mobile telephone with the Android® OS 5 or later operating system.

The Application software version may be updated from time to time to add new functions and new Services.

Registration to the Application / creation of a user account. Registration to the Application is compulsory to be able to access the Application and benefit from its Services by connecting:

to the System using Bluetooth (local use only). Use of the System using Bluetooth requires the User’s prior consent to activate Bluetooth. To do so, Users activate the Bluetooth feature directly in their mobile terminal settings and accept that the Application can use it. They must also register the System serial number. This feature can be disabled or enabled free of charge at all times but is required for the proper use of the Application using Bluetooth and to be able to access the System control features.
to the System using Wifi (mainly remote use).

In both cases, the User must register by creating an account. To register, Users must fill in a form on which they provide ASPOOL on the one hand with identification information, in particular their email address which is compulsory and, optionally, their first name and surname and on the other hand, relevant information making it possible to offer them different Services (System serial number, pool characteristics, location, etc.). Furthermore, Users must define a private and confidential password of their choice which they will need to register and then login to the Application. Users can only validate their registration on the Application after having filled in all the required registration fields.

Connection to the account. The User is informed and accepts that the entry of their two identifiers (email address and password) is a proof of its identity. The Application access codes are personal and must not be disclosed to third parties or transferred in any other way by the User. Users are responsible for their identifiers and undertake to be the only person to have them. ASPOOL declines all liability for the consequences of the fraudulent use of the password by third parties, or for its loss.

Access to the Application and the Services is strictly personal and cannot be sold. If the User moves and/or wishes to sell the System, they undertake to disconnect the System from the account so that the new owner of the System can associate it to their account.

Article 6: User’s obligations

The User shall not use the Application for fraudulent purposes and/or attempt to connect to other accounts than their own. If the User exceeds the rights defined herein in terms of Application use, they will be liable to infringement proceedings.

The User expressly undertakes:

To refrain from disclosing the software content required to implement the Application without ASPOOL’s prior, written consent,
To refrain from permanently or temporarily copying the Application and/or its Content, in whole or in part, by any means and in any form, in particular for the purposes of creating a programme that has the same purpose;
To refrain from using software or processes intended to copy the Application and/or the Content without ASPOOL’s prior written authorisation;
To refrain from all adaptations, modifications, translations, transcriptions, arrangements, compilations, decompilations, assemblies, dis-assemblies, transcoding or reverse engineering on all or part of the Application, Services and/or Content;
To refrain from exporting the Application and/or software required to implement it, or from merging all or part of the Application and/or said software with other computer programmes;
To respect the software functions required to implement the Application with other programmes,
To refrain from any uses other than those expressly authorised by the law within the legal limits and conditions;
To expressly renounce from using software or systems likely to disrupt the proper operation of the Application, and to renounce from undertaking action of a type that imposes a disproportionate load on ASPOOL’s infrastructure;
To refrain from extracting or using the content of the databases and archives created by the Application, regardless of whether the data is substantial or not, including for private purposes, without ASPOOL’s prior, written authorisation;
To refrain from setting up systems that may hack the Application and/or Content in whole or in part, or which may breach these GCUs;
To inform ASPOOL as soon as they become aware of any hacking and in particular any unlawful or non-contractual use of the Application and/or Content, regardless of the method of dissemination;
To refrain from selling, sub-letting or transferring their Application use licence and/or Content in any way to third parties and/or to refrain from marketing the access and/or use of the Application including the control of the Application as a service.
To make sure that on completion of the installation, the installer transfers the administration rights for their Sterilor XP solution to them.

Article 7: Confidentiality

The Parties undertake not to disclose any information of any type they may be made aware of by the other Party in any way and to only use it to fulfil the obligations resulting from these GCUs. This obligation of confidentiality will survive the termination of this relationship regardless of the reason, for a period of five (5) years.

Article 8: Intellectual property

The User acknowledges that no intellectual property rights are transferred to them covering the Application, the Content, the registered trademarks, logos, texts, graphics, images, audio files, videos and any other element protected by intellectual property rights featuring in the Application. ASPOOL is and remains the sole owner of all the intellectual property rights covering the Application and its Content as well as of the ASPOOL brands and logos..

No provisions of these GCUs can be interpreted as an assignment, transfer, sale, concession, licence, loan, rental, authorisation to use, directly or indirectly granted to the User by ASPOOL of the Application, the Content and/or the ASPOOL brands and logos.

The User undertakes not to infringe ASPOOL’s intellectual property rights directly or indirectly or by the intermediary of third parties they are associated with. The User undertakes not to use the Application developed and operated by ASPOOL, the Application documentation, their login and/or password for purposes other than the control of the System, whether directly or indirectly, in any way and for any reason.

The right to use the Application excludes the granting of any other rights and never includes the right to carry out any expressly unauthorised acts, in particular the right to copy, translate, adapt, arrange or any other modification of the Application and/or its components.

Article 9: Protection of personal data

As part of the use of the Application and Services, ASPOOL will collect and process the User’s personal data such as identification and contact data in order to control the System. For the proper operation of the Services, and in particular to allow Users to control the System, ASPOOL may need to collect the User’s System technical data and data relating to its use and configuration. This data is needed to provide the Services. The same data may be used anonymously by ASPOOL to create statistics in order to improve its Systems and Services.

All data likely to be processed will be processed in strict compliance with applicable data privacy regulations. The refusal to provide some personal data may prevent the User from accessing certain Services. They will be identified as such.

The recipients of personal data are restricted to authorised persons within ASPOOL. The data is not the subject of any communication, sale or disclosure to third parties, unless when the communication is strictly necessary to the performance of the Services. This data may also be used by partners, including the company the User has selected, subject in all cases to giving explicit consent, in order to provide additional services and in particular maintenance and support services.

The data retention period is limited to the time needed to carry out the purpose for which it was collected and complies with applicable legal retention times.

In compliance with applicable regulations, Users have a right of access, correction and erasure concerning their personal data, they have the right to be forgotten by ASPOOL, the right to limit the processing of their data, to receive their personal data provided to ASPOOL in a structured format that is frequently used and machine readable and, for legitimate reasons, to refuse the processing of their personal data. When the processing is based on consent, they also have the right to withdraw their consent. They also have the right to make a complaint to the CNIL (French data privacy watchdog) or to a data privacy authority in a European Union member state and to define post mortem directives (in the case of a natural person). Users can exercise their rights by sending an email featuring their surname, first name and System serial number to the following address: contactrgpd@nextpool.com or by using the available form: https://nextpool.lpages.co/incident-rgpd/

ASPOOL invites Users to carefully read the ASPOOL data privacy policy for further information.

Article 10: Hyperlinks

The Application may contain hyperlinks to third-party websites which are not governed by these GCUs.

ASPOOL has no control over the content of third-party websites referenced by hyperlinks. These websites are published by third companies which are independent of ASPOOL. ASPOOL therefore cannot be held responsible for the content, advertisements, products, services or any other information or data, available on or from these websites. Accordingly, the User acknowledges that they are solely responsible for the access to and use of these sites. ASPOOL cannot be held liable for any proven or alleged damage or loss consecutive or related to using or having trusted the content, goods or services available on these sites.

Article 11: Warranties and responsibilities

The information disseminated on the Application is provided strictly and exclusively for informational purposes. ASPOOL makes every effort to maintain the Application and the Services up to date and to disseminate reliable, lawful and up to date information. However, ASPOOL cannot guarantee the integrity, accuracy, completeness, recency or other property of the information broadcast through the Application.

Access to and use of the Application is at the User’s risks and perils.

The User is solely liable for the correct and discerning use of the Services made available through the Application. ASPOOL cannot be held liable for the direct or indirect, tangible or intangible consequences that may arise from the consultation, use and/or interpretation of the information and/or advice contained in the Application by the User. It is the User’s responsibility to take all suitable measures to protect their own data and/or software stored on their computer and telephone hardware from harm.

Furthermore, ASPOOL cannot be held liable for the use made of the Application by the User in breach of these GCUs and the direct or indirect damage that the use in breach of these general terms and conditions may cause to the User or any third parties.

The Application is provided “as is” and “as available” without any guarantees whatsoever.

The User declares being aware of and accepting the characteristics and limits of the Internet, in particular the functional characteristics and technical performance of the Internet, problems related to connection and/or access to the Internet and/or websites; problems related to the availability and congestion of networks; problems related to the failure or saturation of networks; problems related to transit time, access to information posted online, response time to display, consult, query or otherwise transfer data; risks of interruption; the lack of protection of some data from misuse or hacking; the risk of contamination by viruses circulating on said networks, etc. for which ASPOOL cannot be held liable. ASPOOL does not guarantee the continuity of the Application or the quality of the communication links with the User and cannot be held liable for the failures or malfunctions that occur on the communications networks used. ASPOOL nevertheless undertakes to make every effort to secure the access, consultation and use of the Application’s Services. The Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of ASPOOL and subject to any failures and maintenance operations necessary for the proper functioning of the Application. Maintenance operations may be carried out without prior notice to Users.

ASPOOL is bound by an obligation of means concerning the accessibility, operation and/or availability of the Application and/or Services. ASPOOL reserves the right to interrupt, suspend or limit access to all or part of the Application and/or Services, in particular due to technical or legal constraints.

In particular, ASPOOL cannot be held liable for any interruption of Services due to maintenance, technical problems, Internet network congestion or the failure of any other transmission system that may prevent the Services and the Application from operating.

ASPOOL cannot be held liable:

For data transmission faults, losses, delays or errors outside its control;
For the sending of messages and/or data to a wrong, incorrect or incomplete address based on information provided by the User;
If the data were not to arrive or, regardless of the reason, if the received data is illegible or impossible to process;
If the User is unable to access or use the Site, Application and/or Services, regardless of the reason;

If, regardless of the reason, the connection is cut.

Furthermore, ASPOOL declines any liability for the incorrect use of the System and/or for incidents related to the use of the System during the use of the Application. ASPOOL cannot be held liable for any damages of any type suffered by Users, to their Systems, to their computer and telephone hardware and the data stored on it, nor for the consequences that may result on their personal, professional or commercial activity.

Any challenge by the User of the proper fulfilment by the ASPOOL of its contractual obligations must be supported and must be the subject of a registered letter with acknowledgement of receipt.

ASPOOL cannot be held liable to third parties for any acts committed by the User. Therefore, the User is solely liable to third parties, and in particular other Application Users, for all the damaging consequences that may occur due to their acts.

Article 12: Duration

Access to the Application and Services is granted to the User by ASPOOL for an undefined period as from the date the Application is downloaded.

If the Application and/or Services are used in breach of the provisions of these GCUs or applicable regulations, ASPOOL reserves the right to suspend access to the Application and/or Services. This suspension is effective from the receipt by the User of a registered letter with acknowledgement of receipt to no effect after notice of 72 business hours. If the suspension were to continue for a time in excess of one (1) month, ASPOOL has the right to terminate access to the Application and Services in compliance with article 13.

Article 13: Termination - Consequences

As the access to the Application and Services is granted for an undefined period, it can be terminated at all times without reason by either Party subject to one (1) month’s notice.

Furthermore, either party may terminate access to the Application and Services ipso jure in the event of the failure by the other party to fulfil its obligations. In particular, the User’s registration on the Application can be terminated by ASPOOL ipso jure if the User fails to fulfil one or more obligations contained in the various clauses. This termination becomes effective seven (7) days after ASPOOL sends a registered letter with acknowledgement of receipt indicating the reasons for the complaint, unless the User fulfils their obligations or provides proof of a force majeure event within that deadline.

The following in particular are to be considered as commitments of which the failure to fulfil will lead to termination of the registration: the use of the Application in the conditions defined herein, the obligation of confidentiality, the respect of ASPOOL’s intellectual property rights and, more generally, the obligation of loyalty.

Termination does not entitle to the refund of the Systems, which remain the User’s property.

Article 14: Force majeure

Firstly, a force majeure event as defined by article 1218 of the French Civil Code suspends the obligations of the Parties. If such an event were to occur, the parties will undertake all reasonably possible measures in good faith in order to pursue the fulfilment of the contract. If force majeure events or acts of God were to last longer than sixty (60) days, the Contract may be terminated by one or other of the parties without the other party being entitled to compensation.

Article 15: Tolerance

No tolerance by one party with regards to the other party can be interpreted as the renouncement to all the rights granted by these general terms and conditions of use, in particular the fact of not claiming a late payment.

Article 16: Proof

In the event of a dispute, the parties accept to consider faxes, emails and exchanges using the Application as originals constituting proof and renounce challenging this proof unless its authenticity can be challenged.

Article 17: Governing law - Litigation

These GCUs and all the operations referred to by them, and more generally the relationship between ASPOOL and the User are governed by French law.

All disputes or challenges relating to these GCUs and the operations they refer to, in particular covering their validity, their performance, their interpretation or their termination which cannot be settled out of court by the parties within sixty (60) days of their notification by the most diligent party, will be submitted to the competent courts within the Le Mans jurisdiction.

In the event of a dispute, Users are informed of the possibility of using a mediation agreement procedure or any other alternative methods of settlement. In compliance with the provisions of the French Consumer Code covering the settlement of disputes out of court, Users may contact the internal ASPOOL mediator of which the contact details are the following: contact@nextpool.com. Users may also make any eventual claims on the dispute settlement platform put on line by the European Commission at the following address: http://ec.europa.eu/consumers/ord/. The European Commission will forward the User’s complaint to the notified national mediators.

Article 18: Contact

ASPOOL allows Users to contact it depending on the issues encountered in order to provide all required information about the Application and to immediately report possible bugs and malfunctions encountered. Any question and/or report relating to the Application and/or Services must be sent by post to the following address: ASPOOL - ZAC de la Rouvelière 72700 Spay or by email to the following address: contact@sterilor.com

ASPOOL collects some personal data to offer the service associated with our Sterilor XP solution. By accepting these GCUs, you confirm being aware of how ASPOOL processes your data in compliance with its data privacy policy.