These Terms & Conditions govern the products, software, platforms and services (‘Services’) offered by Sempl BV,
Middelweg 108 Aalter.
Mail: info@sempl.energy
By using our Services, you agree to these terms and conditions. Read these carefully.
Our Services consist of Cloud based platforms and native applications and can be completed with additional services developed and marketed by Sempl. Additional conditions or product requirements therefore sometimes apply. Additional conditions are made available with the relevant Services and those additional conditions are part of your agreement with Sempl BV when using the relevant Services.
The capitalized terms in these General Terms & Conditions shall have the following meaning:
The Wattr App is a mobile application for Android and iOS mobile devices meant to be used with a Wattr Controller. It serves as the user interface to command and monitor the Controller. If the User has the appropriate Subscription, it should allow the User to run energy optimisations using the Wattr Cloud. The Controller should be connected to the devices managing a swimming pool (i.e., the filter pump, heat pump, …). It controls those devices according to commands issued by the Cloud System. These commands are generated either by request of the User or autonomously by the Cloud System.
We constantly aim to improve Our Services. As such, the functionalities provided by these Services may vary from time to time. Functionalities may be added, suspended or removed at any time, without prior notice to the User.
At any one time, the features available in the Wattr App to a User are dependent on the Subscription Level of that User. Availability of features may also be dependent on the User’s place of residence or on the operating system (Android or iOS) on the User’s smartphone.
Though Sempl attempts to keep availability of the Cloud System as high as possible, We will not guarantee any rate of availability. Sempl will not be liable for the impossibility to use the Wattr App under any circumstance.
You need to comply with all the rules indicated in the Terms & Conditions.
Do not abuse our Services. Do not disturb our Services for example and do not try to open the Services through another method than the interface and instructions we provide. You may only use our Services in the legally authorized way. We can interrupt or stop our Services provided to you if you do not meet our conditions or our policy or when investigating suspected abuse.
By using our Services, you do not automatically obtain intellectual property rights on them or the related content you view or access. These conditions do not entitle you to use the logos or trademarks associated with our Services. You may not remove the legal information indicated in our Services, make it illegible or modify it.
Certain contents are used in the Services provided that are not the property of Sempl. The entity who makes the content available is solely responsible for that content. We can evaluate the content to check whether it is illegal or violates our policy and remove or stop publishing the content which we have reasonably established is illegal or violates our policy or the law. This does not necessarily mean that we assess the content. so do not therefore assume we do.
We can send you service announcements, administrative messages and other information about your use of the Services. You can unsubscribe from some of these messages.
Our Services are available on mobile devices. Do not use such Services in a way that could distract you or prevent you from complying with the valid traffic or safety rules.
You need a Cloud account to use our Services. You can create your own Cloud account, or a Cloud account can be allocated to you by an administrator appointed by Sempl. An administrator can possibly gain access to your account data for maintenance purposes. This data will always be anonymised, unless you explicitly consent to giving the administrator one-time direct access to your account for, e.g., support purposes.
Keep your password confidential to protect your Cloud account. You are responsible for the activities that occur on or via your cloud account. Do not use the password for your Cloud account for third party purposes. If you notice unauthorized use of your password or Cloud account, inform Sempl immediately and reset or modify your password.
The Privacy policy of Sempl explains how we deal with your personal data and how we protect your privacy when you use our Services. By using our Services, you agree that Sempl may use the data in accordance with our privacy policy rules.
If and when our services enable you to add content, for example text, images, … you keep all the intellectual property rights you have related to that content. In short: what is yours, remains yours. If you upload the content to, or otherwise add to our Services you grant Sempl (and our partners) a global license to use such content, to host, save, reproduce, adapt, create work deducted thereof (such as deducted work after translations, updates or other modifications we carry out to ensure that your content works better with our Services), to communicate, publish, carry out in public, divulge in public and distribute. The rights you grant in this license are intended for the restricted aim of applying our Services, promoting them and improving them and improving them and to develop new Services. This license remains valid, even if you stop using our Services. Certain Services give you the opportunity to access content that was added to the relevant Service and to remove it. In addition, some of our Services include conditions or settings that further restrict the scope of our use of content added to those Services. Check whether you have all the necessary rights to grant us that license for all the content you add to our Services.
If a Service requires or contains downloadable software, the software can automatically be updated on your device if a new version or function becomes available. You may be able to adapt the settings for automatic updates.
Sempl provides you with a personal, global, royalty-free, non-transmissible and non-exclusive license to use the software that Sempl provides you as part of the Services. That license is exclusively granted to enable you using the Services provided by Sempl in a way that meets those conditions. You may not copy, adapt, distribute, sell or lease any part of our Services or supplied software, and you may not subject the source code of that software to reverse engineering or try to extract it, unless such restrictions are prohibited by law or you have received our written authorization.
We constantly try to improve and adapt our Services. We can add or remove functions. We can also postpone or even completely stop a Service.
You can terminate the use of our Services at any time, but we would regret to see you go. Sempl can stop providing Services to you at any moment we wish or add or set new restrictions to our Services.
We provide our Services with a commercially reasonable rate of expertise and accuracy and we hope you will like using the Services. There are certain promises we do not make regarding our Services.
Unless explicitly indicated in these terms & conditions or additional conditions, Sempl and its suppliers or distributors do not make specific promises about the Services. We, e.g., do not commit about the content of the Services, the specific functionality of the Services and the reliability, availability or possibility of the Services to meet your needs. We provide the Services as is. If legally authorized, we exclude all guarantees.
If legally allowed, Sempl and the suppliers and distributors of Sempl are not liable for loss of profit, income or data, financial losses or indirect, special, ethical or punitive damage or consequential damage.
If legally allowed, the total liability of Sempl and its suppliers and distributors for a claim under these conditions, including for any implicit warranty, is limited to the amount you have already paid us for a Wattr controller.
In any case Sempl and its suppliers and distributors are not liable for loss or damage that cannot be reasonably expected.
We recognize that you have legal rights as a consumer in certain countries. If you use the Services for personal purposes, nothing in these conditions or possible additional conditions restricts the legal rights of consumers which cannot be relinquished with a contract.
If you use our Services on behalf of a company, the company accepts these conditions. The company will release Sempl and its partners, representatives, agents and employees from claims, court cases or legal proceedings resulting from or related to the use of the Services or a violation of these conditions, including liability or costs resulting from all claims, losses, damage, court cases, court decisions, legal expenses and solicitor’s fees.
We can adapt these conditions, or possible additional conditions applicable to Services, e.g. to reflect changes in the law or in our Services. You need to check those conditions regularly.
We post changes in those conditions on this page. We post notifications of updated additional conditions in the relevant Services. Changes are not applied with retroactive effect and do not become applicable until after fourteen days of posting. Changes because of new functions or changes for legal reasons become immediately applicable however. If you do not agree with the updated conditions for a Service, you must terminate the use of that Service.
If a conflict is generated between these conditions and additional conditions, the additional conditions apply to that conflict.
These conditions govern the relation between Sempl and you. No rights for third party beneficiaries can be deducted from the conditions.
If you do not meet these conditions and we do not undertake immediate action, this does not mean we relinquish possible rights we have (like the right to take action in the future).
If it appears that a certain condition is not feasible, this has no effect on the other conditions.
These Service terms are drawn up under and are governed by Belgian law. In case of dispute the Belgian courts of the region of Gent are competent.
Information for how to get in contact with Sempl can be found on our website: https://www.sempl.be
The privacy policy for the Wattr pool control system can be found on our website: https://www.sempl.be/wattr-privacy-policy