TERMS OF USE


These Terms of Use regulate the use of AIRZONE’s Myzone (hereinafter, Myzone), which AIRZONE makes available to Users both through this website (hereinafter, Website) and through the mobile app (hereinafter, App) in order to allow them, as AIRZONE clients, to view information about their system, view information about orders they have made, track shipments, make technical inquiries, carry out new warranty claims, return products, and request repairs.


IDENTIFICATION DATA 
  • Business name: AIRZONE CLIMA, S.L. (en adelante, AIRZONE)
  • Tax Identification Number: B92974914
  • Registration in the Companies Registry: Inscrita en el Registro Mercantil de Málaga, Tomo 4601, Libro 3509, Folio 31, Hoja MA-100008 e Inscripción 1
  • Address: Calle Marie Curie nº 21, CP 29590 Campanillas, Málaga, España
  • Teléfono: 900400445
  • Email: info@airzoneusa.com

MANDATORY PREREQUISITES FOR USING MYZONE

Users wishing to use the Myzone Service must previously be AIRZONE clients. This means that all Users must have a commercial relationship with AIRZONE.


ACCESS TO MYZONE

Any User who meets the above requirements may register for Myzone (through either the Website or the App) by filling out the required fields and accepting these Terms of Use. In the event that a User does not accept these Terms of Use or their subsequent updates and/or modifications, he/she must cease to use Myzone.

To register for Myzone, the User must fully and correctly fill out the registration form with the personal data and information requested: Name, surname, email address, telephone number, position, name of the company, tax identification number, address, post code, city and country.

The information provided in the registration form must be accurate and up to date. AIRZONE reserves the right to remove without prior notice any User who provides false personal data.

Once the registration form has been filled out, AIRZONE will check and verify the data provided, ensuring that they correspond to those that AIRZONE has in its management system. It may be necessary to communicate with the client during this process, in order to verify any possible discrepancies in the information.

Once the relevant verifications have been carried out, the User will receive a confirmation email, which will be sent to the email address provided, informing him/her of the fact that the registration was successful and attaching a copy of these Terms of Use.

Once the User has registered successfully, a Service Account will open automatically, through which the User will manage his/her account.


METHODS OF IDENTIFICATION AND NOTIFICATION

At the time of registration, the User must choose a password that will be used to access the Myzone Service, which will be the same for both the Website and the App. In the event that the method of identification is lost or forgotten, the User must contact AIRZONE so that he/she may be identified and be allowed access to the Service in order to change the password. This identification will be carried out by means of the data that AIRZONE deems necessary in order to avoid breaching the privacy rights of Users.

Passwords assigned to Users will be personal and non-transferable, and their transfer to third parties will not be permitted, even temporarily.

In no case will AIRZONE be responsible for access to the Service Account by third parties, and under no circumstances will AIRZONE assume any liability as a result of unauthorized use of the password by any person, or as a result of unauthorized access to the Service Account.

In the event that the User knows or suspects of the loss, theft or use of his/her password by a third party, he/she must communicate this circumstance to AIRZONE as soon as possible, and use all available means to change his/her password through Myzone.

AIRZONE will communicate with the User via the email address that the User provided in the registration process in order to send alerts regarding installation, operation errors of devices, errors in the Service, as well as regarding improvements or changes to the Service.


DOWNLOADING AND ACQUIRING THE APP

AIRZONE provides an App for any Users who desire it and who meet the mandatory prerequisites, which can be acquired by downloading it from the following online stores: App Store and Play Store. Once the App has been located and downloaded from these stores, and after agreeing to the App’s terms, it will be installed on the User’s device. Once it is installed, an icon for the Myzone App will appear on the device, through which the App may be run in order to access its features.


COST OF THE SERVICE

The service provided by AIRZONE to the User regulated by these Terms of Use is free of charge. However, any cost or expense arising from the access or connection to communication or data networks in order to gain and/or have access to these services and content shall be borne by the User.

In addition, AIRZONE may change the cost of the Service due to market demands or due to launching new features. In such a case, AIRZONE will undertake the necessary changes to that effect in the characteristics and functions of the Service and in these Terms of Use. These changes shall be properly notified to all Users at least one (1) month in advance, using the notification methods established in this document.


LICENSE FOR USE

AIRZONE grants Users a non-transferable and non-exclusive license, solely for the use of the Software and content derived from the Software, provided that they accept these Terms of Use.

The use of the Software by the User will always be associated with the Service, and will be carried out in accordance with the provisions of these Terms of Use.

All elements that make up the Service, including the Software, are the exclusive property of AIRZONE, or of third parties from which AIRZONE has obtained the mandatory authorizations for use and utilization, including but not limited to the graphic design, source code, logos, texts, graphics, illustrations, and other elements of the Service.

The source code, structure, organization and other elements of the Software are protected by intellectual property rights, which are exclusively owned by AIRZONE. Users are therefore strictly prohibited from the following practices:

  • Copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code with the aim of creating derived versions of the source code, object code, or similar.
  • Sell, assign, sub-license, transfer, distribute or lease the Software.
  • Make the Software available to the public through a computer network or similar.
  • Export the Software to any country (either by physical or electronic means).
  • Use the Software in a manner prohibited by the applicable regulations and laws in Spain.

The User shall not acquire any intellectual property rights or any other rights over the Software other than the license for use granted in these Terms of Use for the sole purpose of being able to properly use the Service.

The User must notify AIRZONE immediately if he/she becomes aware that any of the Prohibited Practices has been carried out by any person, and must provide reasonable assistance to AIRZONE regarding any investigation that is carried out on the basis of the information provided.

The User is solely liable for any legal, judicial or extrajudicial claim or action initiated by third parties against AIRZONE that is based on the User’s use of the software. When applicable, the User will assume all expenses, costs and damages that may be incurred by AIRZONE due to these legal claims or actions.

The User shall not be able to use the brands, logos, trademarks, Internet domains, or any other distinctive symbols owned by AIRZONE, nor the brands, logos, trademarks, or any other distinctive symbols owned by third parties that may appear in the Service.


PERIOD OF VALIDITY

The license for use is valid for an indefinite period of time. However, AIRZONE may terminate the license for use at any time and without cause, and suspend its content and services. When reasonably possible, AIRZONE will give prior notice of the termination or suspension of the provision of the content and services offered by the Platform.


RIGHTS AND OBLIGATIONS OF USERS

Rights of Users

The User will have the right to use all the Services offered by the Platform (contained in the Website and the App), as long as he/she meets the mandatory prerequisites for its use and respects the following usage obligations.

Obligations of Users: The User declares and accepts that:

  • All data provided to AIRZONE by the User are true, correct and complete.
  • The User is of legal age and is in full possession of his/her faculties.
  • The User is a company or professional, and is a client of AIRZONE.
  • The User is solely responsible for the proper and diligent use of the Service, as well as the programming through which it controls various functions of heating and air conditioning systems.

The User must use the Myzone Service, Website and App appropriately, without causing harm to AIRZONE, and in full compliance with the Terms of Use. In particular, the User must not alter or damage the Service in any way, either in whole or in part. AIRZONE will have the right to close the User’s Service Account in the event of failure to comply with this obligation. Any damage that the User causes AIRZONE as a result of any disruptions that may occur will be the sole responsibility of the User who has caused it.


RIGHTS AND OBLIGATIONS OF AIRZONE

Rights of AIRZONE

  • AIRZONE reserves the right to perform any modifications, updates or changes that it deems appropriate to these Terms of Use at any time, informing Users of these modifications or updates through the release of a new version of the Terms of Use on the Website. The User must expressly accept the new version of the Terms of Use in order to continue using the Service provided through Myzone.
  • AIRZONE may interrupt access to Myzone at any time, whether this be for technical, security, control or maintenance reasons, or for any other cause, without the User having the right to any compensation.
  • AIRZONE may delete or block information and content sent or published by the User through Myzone.
  • AIRZONE may demand termination of the use or operation of Myzone, without the right to compensation, when this use is unlawful or goes against the terms and conditions contained in these Terms of Use.
  • AIRZONE will initiate any legal or judicial action that is suitable for the protection of its rights, as well as the rights of third parties who provide services or content through Myzone.
  • AIRZONE may demand any compensation that may arise from the misuse or illegal use of Myzone and the services and content provided.

Obligations of AIRZONE

  • AIRZONE undertakes to comply with all obligations arising from these Terms of Use.

CANCELLATION OF THE USER’S MYZONE SERVICE ACCOUNT

AIRZONE may unilaterally suspend these services, close the Myzone Service account, and immediately delete a User’s profile without prior notice in the following cases:

  • When for any reason AIRZONE decides to discontinue the provision of the Service for technical reasons, financial circumstances, or due to an unfavorable reception of the Service on the market;
  • In cases where AIRZONE considers that the User has not complied with a particular section of these Terms of Use, including cases in which the User has infringed on the law or the rights of third parties;
  • For any other general reason established by law.

After the provision of the Service has been suspended, the User agrees to discontinue the use of this Service through either the Website or the App.


EXCLUSION AND LIMITATION OF AIRZONE’S LIABILITY

AIRZONE will not be liable in the event of service interruptions, errors, malfunction, or any inconvenience not attributable to AIRZONE. In particular, AIRZONE will not be liable for any interruption due to technical reasons related to Internet access or operation.

Likewise, AIRZONE will not be liable for any anomalies due to the willful misconduct or negligent action of the User, and/or any anomalies arising from causes of force majeure.

AIRZONE will not be liable for access or data transmission speeds of Myzone, or for the general functioning of the different network connections that the Users use to access and make use of the Service.

AIRZONE will not be liable for any technical problems or for any other kind of problem that affects the App Store or Google Play, and in particular any problems that prevent the User from accessing, downloading or using the App properly.

AIRZONE will not be liable for any technical problem or for any other kind of problem that affects the appliances in which the devices are installed, nor will it ever have any obligation to address or resolve claims or complaints regarding these problems.

AIRZONE does not guarantee that the App or the Service are compatible with the requirements of the software and/or systems, phones or tablets of Users, and will not be liable for any damage that may occur to the User’s software or hardware due to access to and/or use of the Service. AIRZONE also excludes any liability that may arise due to the presence of a virus or any other malware in the Service, without prejudice to its attempts at maintaining the Service free of such malware.

AIRZONE does not guarantee that the content of Myzone is suitable or available outside Spain. Users are responsible for complying with any legislation that is applicable to them, and for being aware of and accepting the current version of these Terms of Use that exists in each country the Service is provided in.


DATA PROTECTION POLICY

You can view all the information on how we process your data by viewing our Privacy Policy.


USE OF COOKIES

A cookie is a file that is downloaded onto the computer when the User accesses certain websites. Among other things, cookies allow a website to store and recover information on the browsing habits of a User or his/her computer. Depending on the information they contain and the way the User makes use of his/her computer, they can be used to recognize the User. You can refer to the information on the types of cookies we use that are not necessary for browsing by viewing our Cookie Policy.


GOVERNING LAW, JURISDICTION AND LANGUAGE

The parties are subject to Spanish law for the resolution of any conflict that may arise. The parties are subject to the courts and tribunals of the city of Malaga, expressly waiving any other jurisdiction.

The translation of these documents into any language other than Spanish is offered for informational purposes only, with the Spanish version being the only legally binding document in the event of discrepancies between translations.


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