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Last updated: 01.10.2020
1 Welcome to Mill
1.2 The App is created and operated by Mill International AS (“Mill”, “us”, “we”, “our”). Our App allows you to connect to, interact with and use various ‘smart’ features offered in intelligent heaters and other climate products enabled with connectivity features, which are produced, sold, distributed or otherwise marketed under the ‘Mill’ brand name by Mill (“Mill Products”).
1.3 The ToU constitute a binding agreement between you and Mill. Please read the ToU carefully as they contain important information about the App and your use of the App in connection with Mill Products and other services.
1.4 By accepting the ToU, you acknowledge that you have read and understood its contents, and agree to accept and be bound by the terms set out herein in connection with your use of the App. If you do not accept the ToU, you may not use the App.
2 Your Mill account
2.1 In order to use the App, you must first create a Mill Account (your “Mill Account”). To create a Mill Account, we will ask you to provide certain information about yourself. The information requested will be set out on the Mill Account registration page and includes, but is not limited to, a valid email address.
2.2 You promise that your email address and any other information that you submit to us is correct, true and accurate. It is your responsibility to ensure that your registered details remain accurate and are kept up-to-date if they should change during the term of your Mill Account.
3 Intellectual property rights
3.1 You acknowledge that any and all Intellectual Property Rights to Mill and any content, documentation or other materials you are given access to by Mill, including any amendments, modifications, changes or improvements made thereto, shall be the sole and exclusive property of Mill and/or its licensors (as applicable).
3.2 “Intellectual Property Rights” means all rights of industrial or intellectual property including (i) processes and technology (whether patentable or not); (ii) know-how, trade secrets, business models and other confidential information; (iii) copyrights and other authors’ rights (e.g. in computer software, code and documentation), design rights, database rights and technical information of all kinds; (iv) trademarks, trade names and domain names; and (v) other rights of a similar kind whether registered or unregistered which may now or in the future subsist in any part of the world.
3.3 You agree that Mill shall own all right, title and interest in and to any suggestions, ideas, requests or other feedback you provide us with in connection with your use of the App. You hereby agree to assign any Intellectual Property Rights in such items to us, including without limitation the right to use or amend and further transfer or assign such rights.
3.4 All Mill trademarks, service marks, trade names, logos, domain names, and any other features of the Mill brand are the sole property of Mill or its licensors, and the ToU do not grant you any rights to use the aforementioned for any purpose, whether commercially or non-commercially.
3.5 Nothing in the ToU shall be construed to transfer the ownership of any Intellectual Property Rights from us, or any of our licensors to you or any third party.
4 Licensed rights
4.1 Subject always to the terms set out in this ToU, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited right and license to download, install, access and use the App features, in the version made available to you by Mill, solely for your own personal and non-commercial purposes. The rights granted to you include the right to use the App in connection with your network communications equipment.
4.2 Your right to use the App will cease upon the expiration, suspension or termination of the ToU, or the termination or suspension of your rights by Mill pursuant to the ToU. You must then cease all use of the App and delete any copies thereof from your mobile device.
4.3 The App is licensed, not sold, to you, and Mill and its licensors retain ownership of all copies of the App and any content provided therein, even if you have downloaded it to your mobile device.
4.4 You acknowledge and accept that you alone are solely responsible for ensuring that your Mill Account and your copy of the App is only used in accordance with the terms set out herein.
5 User content and network access
5.1 Your “User Content” refers to any content generated in connection with your downloading and using the App, for example the information concerning your Mill Products, temperature readings, power consumption, or other content.
5.2 We are not responsible for your User Content. You understand and accept that any User Content associated with your Mill Account or copy of the App will be deleted upon the termination of the ToU.
5.3 To the extent permitted under applicable law, you hereby grant us a perpetual (or, for as long as permitted under applicable law), non-exclusive, sub-licensable, transferable, royalty-free, irrevocable, fully paid, universal license to use, reproduce, analyse, translate or modify any of the User Content you have made available to us in connection with your use of the App by any means, method or technology, including, without limitation, for commercial or product development purposes.
5.4 When using the App, it will also detect and collect certain information concerning your network environment and its behaviour. This is done to improve the performance of the App and the Mill Products in your network environment, and perform fault detection and correction when necessary.
5.5 To the extent User Content or other information or data referred to in this section 5 constitutes personal data under the applicable data protection laws, such personal data will only be used and processed in accordance with section 12 below.
6 Acceptable use
6.1 You agree not to use, display, reproduce, transmit, modify, distribute, disseminate, sell, publish, create derivative works of, decompile, disassemble, translate, or otherwise reverse engineer or circulate or in any way exploit the App or any content provided therein, in whole or in part, by any means, for any purpose other than for the purposes set forth in the ToU.
6.2 You may not use the App (a) in a manner that violates any local, national, foreign or international law; (b) to harass or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (d) to interfere with or disrupt the App or (e) in a manner that infringes the Intellectual Property Rights of Mill or any third party.
6.3 You agree not to ‘frame’ or ‘mirror’ the App or any portion of it on any other server or internet based device without the prior written consent of Mill.
6.4 You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App, or to any of the services offered on or through the App, by hacking or any other illegitimate means.
6.5 You promise that you will not allow any other person to use your login credentials, access your account or otherwise use the rights granted to you under the ToU.
6.6 You understand and agree that we may immediately suspend or terminate your access to the App and your Mill Account if you use the App in violation of the acceptable use conditions above.
7 Suspension and termination
7.1 The ToU will continue to apply between you and Mill until terminated by either you or Mill.
7.2 We will terminate the ToU and your Mill Account if you remain inactive (do not use or interact with the App) for a period of 2 years, in order to ensure that our user base remains up-to-date and populated with active users. We will provide you with reasonable notice prior to such termination due to inactivity.
7.3 We may, at any time, terminate the ToU, your access to the App and your Mill Account in the event of any breach of the ToU by you, or if we are required to do so by law.
7.4 We reserve the right to conduct reasonable monitoring of your use of the App to monitor, investigate and help prevent security threats or violations of the ToU. We may suspend your Mill Account or your access to the App if we have reason to believe that you have breached the ToU, until we have had sufficient time to investigate whether an actual breach has occurred.
7.5 You may terminate the ToU at any time by terminating and deleting your Mill Account (as provided for on your profile) and deleting the App from all of your devices.
7.6 If we terminate or suspend the ToU, your access to the App or your Mill Account, or you terminate the ToU as described above, you agree that Mill shall have no liability or responsibility to you as a consequence thereof.
7.7 Sections 3, 5, 6, 7, 9, 10, 11, 16 and 17 and all other sections of the ToU which explicitly or by their nature must remain in effect even after the termination of the ToU, shall survive the termination.
8 Third party services and integrations
8.1 The App offers functionality for integrations with applications, websites, and services provided by third parties (“Third Party Services”) to make available content, products, and/or services to you.
9.1 YOU UNDERSTAND AND AGREE THAT THE APP IS PROVIDED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, CONDITION OR ASSURANCE OF ANY KIND.
9.2 THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE APP WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APP WILL BE CORRECTED. NOR DO WE PROVIDE ANY REPRESENTATION OR WARRANTY THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION YOU OBTAIN BY USING THE APP WILL BE ACCURATE OR RELIABLE.
9.3 YOUR USE OF THE APP IS CONDUCTED AT YOUR OWN RISK AND DISCRETION, AND FOR YOUR OWN ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEVICES AND FOR ANY LOSS OF DATA THAT MAY RESULT FROM YOUR DOWNLOADING, INSTALLATION AND USE OF THE APP.
9.4 MILL MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE APP.
9.5 IN ADDITION, MILL MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SERVICES (OR YOUR USE THEREOF), OR ANY OTHER PRODUCT OR SERVICE OFFERED BY A THIRD PARTY IN CONNECTION WITH THE APP OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING IN THE APP OR ELSEWHERE.
9.6 NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL OR WRITTEN, OBTAINED BY YOU FROM MILL SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THE TOU.
9.7 THIS SECTION SHALL APPLY TO THE GREATEST POSSIBLE EXTENT PERMITTED UNDER APPLICABLE LAW.
10.1 To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Mill, its affiliates and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the ToU by you or your failure to fulfil any obligations relating to your use of the App, incurred by you or any other person using your Mill Account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under the ToU. In such event, you shall provide us with such cooperation as is reasonably requested by us.
11 Mill’s liability
11.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APP YOU MAY HAVE IS TO STOP USING THE APP, UNINSTALL THE APP AND ANY OTHER MILL SOFTWARE AND DELETE YOUR MILL ACCOUNT.
11.2 WHILE WE ACCEPT NO RESPONSIBILITY FOR YOUR USE THIRD PARTY SERVICES, YOUR RELATIONSHIP WITH THEIR PROVIDERS OR THE CONDITIONS OF THE TERMS OR PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES, YOUR SOLE REMEDY WITH RESPECT TO MILL FOR ANY PROBLEMS OR DISSATISFACTION WITH SUCH THIRD PARTY SERVICES IS TO DEACTIVATE, STOP USING AND/OR UNINSTALL THE THIRD PARTY SERVICE IN QUESTION.
11.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MILL OR ITS AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOSS OF USE, DATA, BUSINESS OR PRODUCTIVITY, IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP OR THIRD PARTY SERVICES, REGARDLESS OF LEGAL THEORY AND WITHOUT REGARD TO WHETHER MILL HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES.
11.4 NOTHING IN THE TOU SHALL REMOVE OR LIMIT MILL’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.
12 Privacy/data protection
13 Changes to the App
13.1 The rights conferred to you under the ToU apply to the App in the form that it subsists at any given time. You understand and accept that Mill is free to make changes to the App at its discretion, at any time. Changes implemented in the App may affect its features, functionality and interoperability with Mill Products and Third Party Services.
13.2 Any changes implemented to the App by Mill will not affect the rights and obligations between you and Mill, as they are described in the ToU.
14 Changes to the ToU
14.1 We may change this ToU from time to time. Changes may for example be made to accommodate new products or services, to adapt to legal requirements or otherwise to better adapt the ToU to our business.
14.2 If there is any change to the ToU, we will notify you by email, notification in the App itself or on our official website: http://www.millheat.com.
14.3 Any substantial changes may trigger a requirement for you to renew your acceptance of the revised ToU before continuing to use the App.
14.4 The terms of this ToU are effective as of the date indicated at the top of the ToU. The current and effective version of the ToU are available to you at all times in the App and on our website http://www.millheat.com].
15 Third party terms and beneficiary
15.1 Notwithstanding anything to the contrary in this ToU, this section applies to your use of any version of the App installed on, and compatible with Apple Inc.’s (“Apple”) iOS operating system.
15.2 Apple does not own the App, and is not a party to this ToU. Apple provides no warranties with respect to the App, with the sole exception of refunding its purchase price (if applicable).
15.3 Apple is not responsible for the App or its support and maintenance, and will not be responsible for any claims, losses, liabilities, expenses, damages or costs with respect to the App, including claims that the App fails to conform to any applicable legal or regulatory requirements, any third party product liability claims, claims with respect to Intellectual Property Rights infringement or claims arising under consumer protection legislation or similar laws and regulations.
15.4 Any complaints or other enquiries related to your use of the App must be directed to Mill as indicated in section 16.1 of the ToU, including such complaints and enquiries concerning Intellectual Property Rights.
15.5 The right you have been granted under the ToU is limited to a non-transferable license to install and use the App on an Apple-branded product which is owned or controlled by you and running Apple’s iOS operating system, or as otherwise permitted by the ‘Usage Rules’ set forth in the ‘App Store Terms of Service’ (excepting that the App may be accessed and used by other accounts associated with you via ‘Family Sharing’ or volume purchasing). Additionally, you must comply with any third party terms of agreement applicable when using the App, for example your wireless data service agreement.
15.6 By accepting the ToU, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the ToU, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the ToU against you as a third party beneficiary thereof.
15.7 You hereby represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you personally are not listed on any U.S. Government list of prohibited or restricted parties.
15.8 Notwithstanding the rights granted to Apple and Apple’s subsidiaries in this section 15, Mill’s right to enter into, rescind or terminate any variation, waiver or settlement under the ToU is not subject to the consent of any third party.
16.1 Contact: Mill is the developer of the App. Any questions, enquiries or complaints you may have may be directed to us at the addresses and through the channels specified on our webpage at: https://www.millheat.com/contact.
16.2 Assignment: Mill may assign the ToU or any part thereof, or delegate any of its obligations hereunder. You may not assign the ToU, nor transfer or sub-license any of your rights or obligations hereunder to a third party.
16.3 Severability: Should any provision of the ToU be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the ToU, and the application of the invalid or unenforceable provision shall be enforced to the extent permitted by law.
16.4 No waivers: Any failure by Mill or any third party beneficiary to enforce the ToU, or any part thereof, shall not waive Mill’s or the applicable third party beneficiary’s right to do so.
16.5 Entire agreement: The ToU constitute all the terms and conditions agreed upon between you and Mill with respect to your use of the App, and supersede any prior agreements in relation to the subject matter of these ToU, whether written or oral.
17 Governing law (and dispute resolution)
17.1 To the fullest extent allowed under applicable law, you agree that the laws of Norway shall apply to the ToU and all other matters relating to your use of the App, including your purchase of any products or services the App, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods.
17.2 To the fullest extent allowed under applicable law, you agree that any dispute, controversy or claim arising out of or in connection with the ToU, the breach, termination or invalidity thereof, or your use of the App, shall be finally settled by the courts of Oslo, Norway (Oslo tingrett). You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.