Terms of Service for Fibaro ID and Additional Services

I. General provisions.

  1. These Terms of Service (ToS) specify the terms and conditions of using Fibaro ID Service and Additional Services provided by Fibar Group S.A.
  2. These ToS have been drawn up on the basis of legal provisions in force in the Republic of Poland and they govern the terms and conditions of using the Fibaro ID Website located at the Internet address: https://id.cloud.fibaro.com and Additional Services available on the Website.
  3. The ToS define the rights and obligations of the Website Users, as well as the rights, duties and responsibilities of the Administrator as the Website manager.
  4. The ToS constitute a work within the meaning of the Polish Act on Copyright and Related Rights, they use the protection specified therein, and may not be distributed or used by other entities without the consent of Fibar Group S.A. expressed in writing, under pain of nullity.
  5. The ToS and the Privacy Policy, available in .pdf format, are posted on the Website by the Administrator. Every potential Website User may download these ToS, store them in computer's internal memory and print them.
  6. Every potential Website User, at the time of registration, is required to acknowledge the contents of the ToS and may proceed following his/her consent and approval of all the provisions.

II. Definitions.

The capitalized terms used in these ToS have the following meaning:

  1. Service Provider/Administrator - Fibar Group S.A. with its registered office at ul. Lotnicza 1; 60-421 Poznań, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under the number 553265, with Tax Identification No. (NIP): 7811858097, Business Statistical No. (REGON): 301595664, share capital of PLN 1,182,100, and telephone number +00 48 61 880 1000
  2. User - an adult person with full legal capacity, legal person or organizational unit without legal personality, with access to the Services
  3. Account - a pool of access data consisting of FIBARO ID and Password, required to perform the Services
  4. FIBARO ID - User's e-mail address used to log on to the Website and use the Services
  5. Password - a string of characters protecting against unauthorized access to the Website, consisting of at least one character type of the following: uppercase letters, lowercase letters, numbers, special characters
  6. Authentication - User's identification process on the basis of FIBARO ID and Password
  7. Website - Internet page available at https://id.cloud.fibaro.com providing for the performance of Services after the User has been authenticated
  8. Service - Fibaro ID Service or Additional Service
  9. Fibaro ID Service - electronic service provided through the Website by the Service Provider to the Users who, with their FIBARO ID, may use their selected Additional Service available through the Website
  10. Additional Service - electronic service provided under these ToS by the Service Provider to the Users, other than Fibaro ID Service
  11. Registration - the process of setting up an Account, which results in the conclusion of an electronic services agreement for an indefinite time
  12. Agreement - an agreement for electronic Fibaro ID Service and Additional Services, implemented pursuant to these ToS, concluded upon completion of Registration,
  13. Terms of Service - these ToS for providing electronic Fibaro ID Service and Additional Services.

III Registration.

  1. Registration in the Website is voluntary and free.
  2. The Registration and the setting up of the Account takes place by completing the form at : https://id.cloud.fibaro.com.
  3. For one FIBARO ID, the User may establish one Account on the Website.
  4. The User may set up more than one Account on the Website, provided he/she uses a variety of FIBARO IDs.
  5. The User's acceptance of these ToS requires to declare that he/she:
    1. read these ToS and accepted all their provisions,
    2. voluntarily consents to the use of the Website and the Services,
    3. gave accurate data in the registration form and the Account,
    4. consents to the processing of personal data by the Administrator, as given in the registration form under the Act on Protection of Personal Data and in detailed statements provided for the purposes of the proper performance of Services,
    5. consents to receive any system, business and marketing information, as well as communication from the Administrator and notifications about any difficulties, changes or technical breaks in the operation of the Website and/or Services, as specified in the registration form,
    6. accepts the contents of the Privacy Policy available at https://id.cloud.fibaro.com/privacy-policy.
  6. Acceptance takes place by clicking on the appropriate checkboxes during the registration process.
  7. Failure to accept the ToS, Privacy Policy, available at https://id.cloud.fibaro.com/privacy-policy, and/or to consent to the processing of personal data necessary to provide Services by the Service Provider impedes Registration, which makes it impossible to use the Services.
  8. During the registration process, in order to set up the Account, it is necessary to give, in particular, the following data in the registration form:
    1. Password,
    2. User's e-mail address.
  9. After completing the registration form and submitting the application, the Service Provider creates a User Account. The Service Provider then sends to the User's e-mail address provided during Registration an e-mail asking for confirmation of his/her Registration. The e-mail also includes the current version of the ToS. Confirmation is done by clicking on the link included in the message body. Upon confirmation, the Registration is completed.
  10. COMPLETION OF REGISTRATION IS EQUIVALENT TO THE CONCLUSION OF AN ELECTRONIC SERVICES AGREEMENT FOR AN INDEFINITE TIME WITH THE CONTENT RESULTING FROM THE TOS WITH RESPECT TO FIBARO ID SERVICE AND ADDITIONAL SERVICES. The Agreement is concluded in Polish.
  11. After completion of Registration, the Service Provider sends an e-mail to the address given during the registration process to confirm the conclusion of the Agreement and current version of the ToS, together with instructions on the right to withdraw from the Agreement and the relevant withdrawal form.

IV. Technical conditions for the provision of Services.

To use the Services, the User must have:

  1. Internet access,
  2. properly configured web browser allowing the use of cookies,
  3. enabled Javascript,
  4. active and properly configured e-mail account,
  5. in case of using Services via mobile devices, running Android 2.3.3., Android Tablet 4.0, iPhone iOS5 and iPad iOS6, or newer versions.

The use of Services entails standard risks related to the use of the Internet and the provision of data. The Service Provider applies accepted market measures, in view of the nature of the Services, aimed to guarantee the User with safe use of the Services, in particular, in a manner that makes it impossible for unauthorized persons to access the content related to the Services, including in particular appropriate cryptographic techniques. The User may ensure the safety of digital data, used for provision of the Services, by using commonly accepted measures, in view of the nature of the Services, aimed to ensure safe use of the Services, in particular in a manner that makes it impossible for unauthorized persons to access the content related to the Services, including in particular antivirus software and passwords changes made with due frequency.

V. Fees to third parties.

Registration and use of Services may require to pay fees to third parties, such as mobile operators, Internet service providers or others. The Service Provider is not liable for third party fees imposed on the User. By accepting the ToS, the User agrees to bear an independent liability for payments to third parties.

VI. Fibaro ID Service and List of Additional Services.

  1. Fibaro ID Service intends to allow the Users to use Additional Services provided by the Service Provider with one FIBARO ID assigned to the User.
  2. Currently, Additional Services include:
    1. Fibaro Desk Service - a detailed description of the service is given in Attachment 1 hereto,
    2. Remote Access Service - a detailed description of the service is given in Attachment 2 hereto.

VII. Rights and obligations of the User.

  1. The User agrees to use the Services in accordance with the ToS and the applicable law. In particular, the User is prohibited from:
    1. sharing FIBARO ID and Account Password with a third party;
    2. using Services in a manner that causes disruption of computer and telecommunications systems of the Service Provider and/or third parties, in particular, to carry out DDoS attacks (distributed denial of service);
    3. placing in the Service any content that, in particular:
      • is abusive, defamatory or violates personal rights of others,
      • calls for hatred, racism, xenophobia and conflicts between nations and religions,
      • violates or encourages the violation of copyrights or other intellectual property rights, including through the provision of information or material which may serve to violate copyrights or other intellectual property rights,
      • violates or encourages the violation of industrial property rights, including through the provision of information or material which may serve to violate industrial property rights,
      • violates the principles of fair competition and good trade manners,
      • constitutes a business secret of third parties;
    4. sending unsolicited commercial information;
    5. sharing files or hyperlinks to the files with the content specified in subparagraph c) above;
    6. sharing harmful content, including computer viruses or other files of similar effect;
    7. using the Website contrary to its purpose and proper operation requirements;
    8. transferring to a third party all or some of Agreement-related rights and obligations without the consent of the Service Provider;
    9. attempting to access through the Website other services provided by the Service Provider or third parties in a manner that is unlawful or contrary to their terms of service.
  2. In addition, the User must not act in any way that may result in material injury to the Service Provider or to third parties, in particular to:
    1. create on the basis of the Website and Services any derivative works under the Act on Copyright and Related Rights, or other works that can be considered derivatives of the Website or Services;
    2. copy, in part or in whole, the Website or the Services;
    3. attempt any reverse engineering in relation to the Website or the Services;
    4. attempt to remove from the Website any information about the rights of ownership and intellectual property rights of the Service Provider or third parties;
    5. use the Website or the Services to create a competitive website or services;
    6. copy any of the functionality or graphics of the Website or the Services.

VIII. Rights and obligations of the Service Provider.

  1. The Service Provider undertakes to use any reasonable and commercially justified efforts to ensure the availability of Services 24 hours a day, 7 days a week, except in the following cases:
    1. any planned interruptions in the provision of Fibaro ID Service lasting less than 15 minutes, no more than once per 24 hours (Service Provider will try to inform about planned interruptions in Fibaro ID Service minimum 24 hours in advance, by placing the relevant message on the Website),
    2. any planned interruptions in the provision of Fibaro ID Service lasting more than 15 minutes (Service Provider will try to inform about planned interruptions in Fibaro ID Service minimum 24 hours in advance, by placing the relevant message on the Website),
    3. any planned interruptions in the provision of Additional Services, under the conditions specified herein,
    4. any interruptions in the provision of Services caused by circumstances beyond the Service Provider's control, in particular:
      • force majeure, including acts of state authorities, flood, fire, earthquake, riots, acts of terrorism, strikes and other labour-related situations, except for the circumstances relating to the Service Provider's employees),
      • interruptions in the Service Provider's access to the Internet;
      • hacker attacks,
      • interruptions in or cessation of the provision of services to the Service Provider by third parties, which services are necessary for the provision of Fibaro ID Service.
  2. Interruptions in Fibaro ID Service may mean a break in the functioning of Additional Services.
  3. The Service Provider is not liable for:
    1. default or improper performance of telecommunications services provided to the User by his/her service providers, resulting in the inability to use the Services and for the consequences of termination or expiry of the agreement under which service provider provided the User with telecommunications services,
    2. improper operation of the Internet or improper use of the Internet by the User,
    3. content submitted by the User when using the Services, under the terms of Article 14 of the Act on Electronic Services,
    4. incompatibility or malfunction of the equipment used by the User in connection with the Services,
    5. consequences of the User's breach of the obligations set out herein.
  4. The Service Provider reserves the right to:
    1. remove Additional Services or add new ones;
    2. modify currently available Additional Services;
    3. periodically require the Users to provide new Passwords to the Website;
    4. suspend the performance of Services for up to 7 days if the Service Provider determines that the User has breached the provisions hereof.
  5. The Service Provider will inform the User about undertaking any measures referred to in section 4 above by e-mail to the address provided during Registration.
  6. The Service Provider is required to provide defect-free services.

IX. Duration of the Agreement.

  1. The Service Provider has the right to terminate the Agreement for any reason with a 14 days' notice. The Service Provider serves a termination note by e-mail at the address provided by the User during Registration.
  2. The Service Provider has the right to terminate the Agreement with immediate effect in the event of gross violation or repeated violations of the provisions hereof as well as in the event a year has passed since the User's last login to the Website to use Fibaro ID Service. The Service Provider serves termination note by e-mail at the address provided by the User during Registration.
  3. If the Service Provider decides to discontinue Fibaro ID Service for all its Users, termination may take place with the relevant message posted on the Website login page. The notice period may not be less than 14 days from posting the relevant message on the Website login page.
  4. The User may terminate the use of Fibaro ID Service (terminate the Agreement) at any time and for any reason. Termination takes place with a declaration served to the Service Provider in writing or electronically at support@fibaro.com.
  5. TERMINATION OF THE AGREEMENT TO PROVIDE FIBARO ID SERVICE MEANS THE USER WILL NO LONGER BE ABLE TO USE FIBARO ID SERVICE AND ADDITIONAL SERVICES.
  6. After the Agreement to provide Fibaro ID Service is effectively terminated, the Service Provider permanently removes from its system the User's Account and all his/her personal information WITHOUT THE POSSIBILITY TO RECOVER THEM IN FUTURE, unless otherwise stated in mandatory provisions of law.

X. Limitation of Liability of the Service Provider.

  1. THE PROVISIONS BELOW DO NOT APPLY TO THE USERS WHO ARE CONSUMERS WITHIN THE MEANING OF ARTICLE 221 OF THE POLISH CIVIL CODE.
  2. THE SERVICE PROVIDER'S LIABILITY FOR ANY DAMAGE CAUSED BY FAILURE TO PERFORM OF NEGLIGENT PERFORMANCE OF THE AGREEMENT IS LIMITED TO DAMAGE RESULTING FROM WILFUL MISCONDUCT. ANY OTHER LIABILITY OF THE SERVICE PROVIDER IS HEREBY EXCLUDED.
  3. LIABILITY OF THE SERVICE PROVIDER UNDER STATUTORY WARRANTY FOR DEFECTS OF THE WEBSITE AND SERVICES IS HEREBY EXCLUDED.
  4. TO THE EXTENT ALLOWED BY APPLICABLE REGULATIONS ON THE LIMITATION OF LIABILITY, THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR:
    1. ANY DAMAGE SUFFERED BY THE USER IN CONNECTION WITH OR DUE TO CONCLUSION, NON-CONCLUSION, IMPLEMENTATION, NON-IMPLEMENTATION, DEFECTIVE PERFORMANCE AND TERMINATION OF THE AGREEMENT, CAUSED TO THE USER DIRECTLY OR IN CONSEQUENCE OF DAMAGE CAUSED TO A THIRD PARTY, FOR WHICH THE USER IS RESPONSIBLE,
    2. ANY DAMAGE IN CONNECTION WITH THE USE OR FAULTY PERFORMANCE OF THE WEBSITE OR SERVICES,
    3. ANY DAMAGE DUE TO LOSS OF USE OF THE WEBSITE OR SERVICES,
    4. ANY DAMAGE DUE TO LOST PROFITS (LUCRUM CESSANS),
    5. ANY DAMAGE CAUSED TO THE USER BY LOSS OF DATA, DESTRUCTION OR FAILURE OF EQUIPMENT,
    6. ANY DAMAGE CAUSED BY DOWNTIME AND INJURY TO THE REPUTATION OF THE ENTERPRISE,
    7. ANY DAMAGE RELATED TO POSSIBLE VIOLATION OF COPYRIGHTS AND INDUSTRIAL PROPERTY RIGHTS OF THIRD PARTIES TO THE WEBSITE OR SERVICES, INCLUDING ANY DAMAGE RELATED TO CLAIM OF THIRD PARTIES AGAINST THE USER FOR ANY BREACH OF COPYRIGHTS OR INDUSTRIAL PROPERTY RIGHTS.
  5. PROVISIONS OF SECTIONS FROM 2 TO 4 APPLY TO ANY BASIS OF LIABILITY, INCLUDING LIABILITY FOR TORT.

XI. Guarantees.

THE SERVICE PROVIDER GRANTS NO EXPRESS OR IMPLIED GUARANTEES WITH RESPECT TO THE WEBSITE OR SERVICES. IN PARTICULAR, THE SERVICE PROVIDER DOES NOT WARRANT TO THE USER THAT THE USE OF THE WEBSITE OR SERVICES WILL BRING HIM/HER ANY BENEFITS.

XII. The User's personal data, their protection and processing.

  1. The Service Provider is the administrator of the User's personal data.
  2. The User has the right to access his/her personal data and to correct them through the Website. In the scope not governed by these ToS, the principles of Users' data protection are specified in the document entitled "Privacy Policy" - available at https://id.cloud.fibaro.com/privacy-policy.
  3. The User's consent to the processing of personal data may be revoked at any time. Withdrawal of consent may be made by e-mail to support@fibaro.com or in writing to the address of the Service Provider specified above herein.
  4. CANCELLATION OF CONSENT TO PROCESSING OF PERSONAL DATA PREVENTS ANY CONTINUED USE OF SERVICES AND INDICATES THE USER'S TERMINATION OF THE AGREEMENT.
  5. All data collected by the Service Provider are protected with reasonable technical/organizational measures and safety procedures to protect them against any unauthorized access or use. Affiliates of the Service Provider, its trusted partners and external service providers, are committed to manage data in accordance with security and privacy requirements adopted by the Service Provider.
  6. The Service Provider may share collected data with other websites operated by the Service Provider.
  7. The Service Provider does not provide the collected Users' personal data to third parties without the Users' consent, except in the following cases:
    1. the Service Provider may benefit from support of external entities for the provision of its Services in which case these entities are not entitled to the independent use of personal data processed on behalf of the Service Provider, or
    2. the Service Provider retains the right to disclose the data to public authorities supporting the Service Provider in the fight against fraud and abuse on the websites of the Service Provider, in conducting investigations on possible violations of the law or to combat other possible breaches of the ToS, in compliance with the law.
  8. In the framework of the adopted Privacy Policy available at https://id.cloud.fibaro.com/privacy-policy, in view of reservations arising from these ToS, the Service Provider undertakes not to share or sell Users' personal information. In the event of a restructuring or sale of the business or part thereof and the transfer of all assets or a substantial part thereof to a new owner, the Users' personal data may be transferred to the Buyer to ensure the continuity of services.
  9. The Service Provider may provide anonymised data (i.e. those that do not identify specific Users) to external service providers, trusted partners or research agencies in order to better understand the Users' appeal to advertising and services, improve the overall quality and efficiency of services provided by the Service Provider or the listed entities, or participate in scientific studies bringing the wider social benefit.
  10. By clicking on links posted on the Service Provider's websites or in mobile applications, the User consents to be redirected to external services of companies outside the community administered by the Service Provider, where data collection occurs outside the direct control of the Service Provider. Privacy Policy relevant to services or applications of external entities is applicable to the data obtained by these entities.
  11. The User's data are entered in the register of data sets processed by the Service Provider. The register is run by the Information Security Administrator, appointed by the Service Provider. This register is available for inspection at the registered office of the Service Provider.

XIII. Complaints.

  1. Any complaints about Services should be made by phone at +48 61 880 1000 or electronically at support@fibaro.com.
  2. The Service Provider will examine the complaint within 14 (fourteen) days from the date of its receipt.
  3. The response to the complaint will be sent to the e-mail address of the User submitted the complaint provided during Registration.
  4. In order to handle the complaint, the User may be asked by the Service Provider's employee to provide the following information:
    1. e-mail address
    2. name
    3. phone number
    4. serial numbers of devices related to the Service subject to complaint

XIV. Termination of Agreement.

  1. The User who is a consumer has the right to withdraw from the Agreement.
  2. The User may, without stating the reasons, make a statement of withdrawal from the Agreement within 14 days after Registration.
  3. In order to withdraw from the Agreement, the User may use the form available at http://www.fibaro.com/en/files/withdrawal.pdf but it is not mandatory.
  4. To keep the deadline to withdraw from the Agreement, the User must sent information on exercising the right of withdrawal, by registered mail, to the address of the Service Provider or electronically to support@fibaro.com.
  5. In case of withdrawal from the Agreement, the Service Provider immediately deletes the Account and all personal information of the User from its system and personal data file, unless otherwise stated in mandatory provisions of law.
  6. To avoid any doubt it is pointed out that the withdrawal from the Agreement prevents the use of FIBARO ID Service and all Additional Services.

XV. Final provisions.

  1. These ToS are governed by the Polish law, particularly the Act on Electronic Services and the Act on the Protection of Personal Data, unless applicable regulations require to apply another law, in particular the law applicable to the User's address or registered office.
  2. The competent court for disputes arising from the Agreement is common court for the registered office of the Service Provider. This provision does not apply to consumers as well as any cases in which the mandatory provisions of the law require for the dispute to be submitted under the jurisdiction of another court or authority. Notwithstanding the foregoing, there is a possibility of extra-judicial claims settlement involving the Consumer Ombudsman (in case of a User who is a consumer), and in the form of extra-judicial mediation and arbitration conducted by various types of institutions other than courts (for each User). The Service Provider provides electronic link to the following ODR (Alternative and Online Dispute Resolution) platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false.
  3. Attachments to these ToS relating to Additional Services are an integral part hereof.
  4. The Service Providers applies a code of good practice, the current version of which is available under the following link: http://www.fibaro.com/en/files/code_of_good_practices.pdf.
  5. The Service Provider reserves the right to amend these ToS for the following reasons:
    1. changes in law resulting in specific provision of the ToS to be contrary to the mandatory provision of law,
    2. availability of new Additional Services, changes in or removal of already available Additional Services, or changes in their functionality when these circumstances result in the need to introduce changes hereto,
    3. the need to adjust the ToS to the needs and expectations of Users.
  6. Information about any upcoming change in the ToS will be posted at least 14 days before its entry into force on the Website home page and when logging on to the Services in a special window, with a request to accept the changes. If the User fails to accept the changes to the ToS, then on the date of their entry into force he/she will no longer be able to use the Services. The User's Account will remain inactive until the User accepts the current version of the ToS or until the User deletes his/her Account in accordance with section IX.2 hereof.
  7. The ToS are made available free of charge under the link: https://id.cloud.fibaro.com/terms-of-service in a form that allows their downloading, saving and printing. Moreover, the ToS are available in printed form at Fibar Group S.A., ul. Lotnicza 1, 60-421 Poznań, Poland.
  8. The ToS come into force on 01/01/2017.

Attachment 1 - Fibaro DESK Additional Service

I. General provisions.

  1. The provisions of this Attachment are complementary to the provisions contained in the main body of the ToS.
  2. In the event of a conflict between the provisions of the ToS and this Attachment, the priority is given to the provisions of this Attachment.

II. The type and scope of Fibaro DESK Additional Service.

  1. Fibaro DESK is an Internet website which may be used to contact FIBARO Support TEAM and receive assistance with respect to the operation of FIBARO equipment.
  2. The scope of available functions of Fibaro DESK Additional Service is subject to change.

Attachment 2 - Remote Access Additional Service

I. General provisions.

  1. The provisions of this Attachment are complementary to the provisions contained in the main body of the ToS.
  2. In the event of a conflict between the provisions of the ToS and this Attachment on Remote Access, the priority is given to the provisions of this Attachment on Remote Access.

II. The type and scope of Remote Access Additional Service.

  1. Remote Access is a service allowing to electronically connect and control FIBARO system from outside home network.
  2. The range of available functions of Remote Access Additional Service is subject to change.