1. General
1.1. The temperature control application BAXI AIR CONNECT (“App”) is a mobile app that can be used to control your BAXI air conditioning appliances. You may download the App for free, although normal data charges for connectivity may apply.
1.2. These terms of use (“Terms of Use”) cover your use of the App and access to the related services (“Services”). These Terms of Use do not apply to the heating appliances itself, which are governed by their own terms of sale.
1.3. The App and Services are provided by BAXI CALEFACCIÓN, S.L.U, having its registered office at Salvador Espriu, 9-11 Políg. Pedrosa 08908 L’Hospitalet de Llobregat (Barcelona), España (“we”, “us” or “BAXI”), telephone: +34 93 263 4028, email: atencion.usuario@baxi.es.
1.4. You acknowledge that these Terms of Use are between you and BAXI and not with the app store from which you downloaded the App (“App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading apps from it. You agree to comply with, and your license to use the App is conditional upon your compliance with, such App Store terms and conditions.
1.5. To the extent that terms and conditions from such App Stores are less restrictive than, or otherwise conflict with, these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
1.6. BAXI reserves the right to modify these Terms of Use in order to adapt them to the applicable legislation at all times. BAXI may, at any time and without notice, make changes and updates to these Terms of Use and Privacy Policy, if any. These changes will be effective from the date of publication.
1.7. These Terms of Use do not exclude the possibility that certain Services App, for its particular characteristics, are in addition to the Terms of Use, subject to their own particular conditions of use (hereinafter «Special Conditions»).The download and use of the App attributes the condition of user thereof (hereinafter the «User») and implies reading, understanding and acceptance of all the Terms and conditions set out by this.
2. As a result of the above, the user should check periodically for changes to these Terms of Use and Special Conditions, whether there is consent or not, if the user continues to use the Service after publication, this implies acceptance and assumption of the same. If you do not agree with updates, you can give by not using the Service App and Services.
2.1. You can install the App on your internet capable mobile device, such as your smartphone or tablet.
2.2. The App and Services can be used to control your BAXI air conditioning appliances and to monitor energy consumption. Detailed information on the functionality of the App and Services can be found on our website. BAXI may make modifications to the App and Services without prior notice.
2.3. It is your responsibility to secure all existing data on your mobile device before installing the App
2.4. BAXI may provide software and/or firmware updates to the App and your air conditioning appliances. It is essential that you download these updates to ensure that you can enjoy the latest functionalities and that the App and your air conditioning appliances contain the latest security patches and bug fixes.
2.5. The Apps and Services are provided on an “as is” and “as available” basis. BAXI, its affiliates, licensors, partners and other suppliers do not warrant that the App and Services will meet your requirements, operate without interruption, be error free or that errors will be corrected. BAXI does not give a warranty against infringement of third-party intellectual property rights.
2.6. BAXI is under no obligation to keep and maintain any data entered or submitted by you to the Services. BAXI is not obliged to make back-ups of data submitted by you.
2.7. You acknowledge and agree that the use of content and / or services offered by this mobile application is at your sole risk and / or responsibility.
2.8. The user agrees to make appropriate use of services and / or contents of the mobile application will no longer use illegal or criminal activities which violate the rights of others and / or violate the regulations on intellectual property or any other applicable rules of law.
3. Right of use
3.1. BAXI and its licensors retain all right, title, and interest in and to the App and Services, including all patents, copyrights, trademarks and design rights, trade secrets, and other intellectual property rights incorporated therein.
3.2. We hereby grant you a non-exclusive and non-transferable license (without the right to sub-license) to use the App in object code format for your own non-commercial use. The App and Services may not be used commercially or in a non-domestic environment.
3.3. You shall not, and you shall not permit any third party, to reverse engineer, decompile, or disassemble the App, modify or adapt the App, merge the App into another program or create derivative works based upon the App, except to the extent permitted by applicable law.
4. Privacy
4.1. We do not share your data with anyone outside BDR Thermea, unless we are required to do so by law or as provided in the full text version of the digital privacy statement.
5. Liability
5.1. Although BAXI will try to provide you with the best possible App and Services, BAXI shall under no circumstances whatsoever be liable to you, whether in contract or tort, for any damages, resulting from or in connection with your use the App or Services. The foregoing limitation of liability shall not apply in the event that the damage results from the gross negligence or wilful misconduct of BAXI’s executive management.
5.2. BAXI solely liable for the services rendered itself and content.
5.3. BAXI not be liable, indirectly or subsidiary, for damages of any nature resulting from the use of services and contents of the application by the user. Baxi is not responsible for the decisions from the information provided through the application or damage and prejudice to the User or third parties because of the functions of the application.
6. Term and termination
6.1. The term of the agreement between you and BAXI starts upon your acceptance of these Terms of Use and shall continue unless terminated in accordance with these Terms of Use.
6.2. The agreement will terminate immediately and without additional notice in the event that you breach, and/or fail to comply with, any term within these Terms of Use. BAXI reserves the right to – at its discretion – disable your use of or access, in whole or in part, to the Services, including your account, for any reason and without any notice. If your license terminates, you must discontinue your use and uninstall the App.
6.3. You may terminate the agreement at any time by deleting the App from your mobile device.
7. Miscellaneous
7.1. We may need to amend these Terms of Use from time to time. For example, to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of the App or Services.
7.2. We may need to make more significant changes that may affect your use of the App or Services. If this is required, we will contact you to give you reasonable advance notice of the changes and let you know how to delete your user account if you are not happy with these changes.
7.3. BAXI shall not be liable for any delays or failures in performance to the extent that such delay or failure is due to circumstances beyond its reasonable control (force majeure). Force majeure shall also include a situation of force majeure for BAXI’s suppliers.
7.4. This Agreement is governed by Spain law. Any disputes between BAXI and you shall be exclusively resolved by the Spanish court of Barcelona.
These Terms of Use have last been changed on April 19 2016.
1. BAXI does not collect personal information from users and data application usage.
2. BAXI inform you that this application can access the following on your device: read phone status and identity, approximate location (network-based), precise location (GSP network-based), modify or delete the contents of your SD card, read the contents of your SD card, connect and disconnect from Wi-Fi, full network access, view network connections, view Wi-Fi connections, retieve running apps, run at startup, allow Wi-Fi Multicast reception, prevent phone from sleeping, modify system settings. All of this information must be approved by the user at the time of discharge for installing the application.
3. May we change privacy statement from time to time by posting the updated version, According as our criteria or motivated by a doctrinal shift from the Spanish Data Protection Agency, legislative or judicial.
4. This Agreement is governed by Spain law. Any disputes between BAXI and you shall be exclusively resolved by the Spanish court of Barcelona.
These Terms of Use have last been changed on April 19 2016.