Easy·care mobile app

Terms of Service

The purpose of these general terms and conditions of service (hereinafter referred to as the “ToS”) is to define the rules for using the “easy·care” mobile app (hereinafter referred to as the “App”) published by the Waterair Group company (hereinafter referred to as “Waterair”).

By installing the App on your device and/or by accessing the App, as a visitor and/or user, you unconditionally and unreservedly accept all of the ToS below. If you do not wish to accept these ToS, please do not access the App.

Any visit and/or use of the App must be carried out in accordance with these ToS.

Article 1. DEFINITIONS

Terms starting with a capital letter in these ToS have the meaning given below whether they are used interchangeably in the singular or in the plural:

« App » means the “easy·care” software App published and supplied by Waterair for access to the Services, which is available from Apple’s “App Store” and Google’s “Google Play Store” and which can be downloaded by the User on their Apple iOS and Android device. The term App also includes the Content, software, programmes, tools (programming, browsing, etc.), databases, operating systems, documentation and all other elements and services that are contained in it, as well as any updates and new versions that may be applied to the App by Waterair

« Content » means, without this list being exhaustive, the structure of the App, the editorial content, the designs, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the company names, and all audiovisual works, animations, multimedia works, visual content, audio and sound content, as well as any other content in the App and/or any other element that constitutes the App.

« Services » refer to the various features and services offered by the App.

« Site » means the official Waterair website at the following address: https://www.waterair.com/gb

« User » or “You” means a natural person of full age or a minor who has previously obtained permission from their parents or the person vested with parental authority, who has downloaded the App for their own needs and for strictly personal and non-commercial use, without direct or indirect profit.

Article 2. APPLICATION’S PURPOSE

The Waterair app is designed with one simple objective and that is to provide you with information to help you use and maintain your swimming pool. It relies on sensors that record parameters such as pH, chlorine level and water temperature. The App will also allow tell you the weather forecast via a geolocation system. However, the app will not tell you the ISO acid level or the alkalinity level of your pool water.

The data provided by the connected Analyser estimates the condition of your pool. This data should only be used for diagnostic purposes so you can enjoy your pool in the best conditions possible. Although this remote probe technology is state-of-the-art, it has some inherent limitations that can skew data under certain circumstances.

If the App tells you to change the batteries or the probe and these spare parts are not changed, the reliability of the data recorded by the connected Analyser can no longer be guaranteed.

The App will give you all the information you need to maintain your swimming pool and, if applicable, will tell you the products you need to obtain to effectively treat your swimming pool.

The data collected by the connected Analyser and via the App will be transferred to the Waterair computer base for processing so that personalised advice and information can be fed back into the App.

The subject is not exhaustive and can be modified at any time by Waterair without any liability being incurred as such by anyone.

Article 3. APP ACCESS

You must have a compatible phone or mobile device and internet access to access and use the App.

The App can be downloaded free of charge from the “Apple Store” and “Google Play Store” platforms on the following mobile devices:

• Apple® smartphone or tablet with the iOS operating system running iOS 10 or higher
• Android® smartphone or tablet running the Android® OS 4.3 operating system or higher.
• The App’s software version may be updated from time to time to add new functions and services.

Article 4. GEOLOCATION

When creating an account, the pool will be located via the address that the customer enters.

The purpose is for providing weather data based on the pool’s location, such as thunderstorms, storms, and frost warnings, which could have an impact on the pool or its equipment.

Article 5. FINANCIAL CONDITIONS

The App is offered free of charge in the online stores to Users, and excludes mobile phone operator subscription costs, as well as excluding any internet network connection and access costs or any additional costs charged for loading data.

Article 6. TOS APPLICATION

The ToS are applicable to any User of the App and the Services.

The User should read the ToS carefully on every visit. They can be seen using the hyperlink on the App’s home page and may be changed at any time and without Waterair being obliged to give prior notice.

There may be regular updates to the App. In this regard, any App downloaded by a User has a limited validity period, considering these updates that must be downloaded and any technical, legislative or regulatory changes, over which Waterair has no control.

Article 7. APP INTELLECTUAL PROPERTY

Waterair is the exclusive owner of all intellectual property rights relating to the App and its Content. Without prejudice to the provisions of article 7, none of the ToS provisions may be interpreted as Waterair either directly or indirectly transferring, selling, conceding, licencing, loaning, renting or granting operating rights for the App, its Content and/or the Services to the User.

Article 8. USE LICENCE

Waterair grants the User a non-exclusive, revocable, non-transferable, worldwide and free personal right to use the App, the Content and the Services but only for personal use to the exclusion of any other purpose.

The User is strictly prohibited from accessing and/or using the App’s source codes and/or the App’s software components.

The User does not acquire any intellectual property rights over the App, the Content and/or the Services or any other rights other than those conferred herein.

This licence does not confer any Content rights on the User. The User must not therefore reproduce, represent, adapt and/or use the Content.

The User expressly agrees that their use of the App does not in any way infringe Waterair’s rights, and more especially this use does not counterfeit the Content or create any unfair or parasitic competition in terms of the Content.

Article 9. USER’S OBLIGATIONS

The User expressly agrees:

• to download the App onto their device only for personal, non-commercial use. 
•  not to permanently or temporarily reproduce the App, wholly or partially , by any means and in any form; 
•  not to use any software or process intended to copy the Content without Waterair’s prior written consent; 
•  not to adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, nor to reverse engineer all or part of the App, the Services and/or Content; 
•  not to export the App, nor to merge all or part of the App with other computer programs; 
•  not to make short quotes, analyses and reproductions for press reviews as well as for other uses expressly authorised by law within the limits and conditions set by the latter and subject especially to citing the name of the authors and the editorial source; 
•  to expressly refrain from using software or devices likely to prevent the App working properly, nor to initiate any actions that are likely to overload Waterair’s infrastructures; 
•  not to extract or reuse wholly or partially any of the content of the databases and archives constituted by the Application without Waterair’s prior consent, and this also applies to personal use. 
•  not to set up any systems that could either wholly or partially pirate the App and/or the Content or that would be liable to violate these ToS; 
•  to inform Waterair as soon as they become aware of any piracy and especially any illegal or non-contractual use of the App and/or the Content, regardless of the distribution method; 
•  not to sell, rent, sublicence or distribute the App and/or the Content in any way to third parties

Article 10. PERSONAL DATA PROTECTION

Personal data collected on Waterair’s mobile App with your consent is processed for the following purposes:

• To provide the User with personalised advice for using their swimming pool. 
•  To geolocate the User’s pool so that local weather data can be used. 
•  For competitions; this processing is based on your consent and/or by executing the competition rules. 
•  Following any order or requests for information or documentation, processing will also take place as part of a contract. 
•  Management of legal and commercial guarantees

Fields marked with an asterisk must be filled out to enable Waterair to sell products or services, or to inform and alert Users about the condition of their swimming pool and to call them.

Waterair is liable for this processing and is represented by Mr Vianney Tuffal, acting as Managing Director, whose contact details are as follows: Zone Artisanale, 68580 SEPPOIS-LE-BAS, France, tel +33 (0)3 89 07 45 45.

The recipient of the collected data is Waterair.

Personal data that is collected is kept by the User for the duration of the services and for 20 years for the processing of legal and commercial guarantees.

After the periods above have expired, this personal data will be erased.

In order to keep your personal data private and safe and especially to protect it from unlawful or accidental destruction, accidental loss or alteration, or even unauthorised disclosure or access, we take appropriate technical and organisational measures in accordance with applicable legal provisions. To this end, we have implemented technical measures (such as firewalls) and organisational measures (such as a login name/password system, means of physical protection, etc.).

You have the right to access your personal data, have it rectified or erased, to transfer it or have it transferred to a third party, and to reduce processing or to oppose such processing. We will comply with your request subject to complying with the legal obligations incumbent on us.

You have the right to withdraw your consent to the processing of your personal data at any time. Withdrawing your consent does not affect the lawfulness of the processing that has been carried out before you withdrew your consent.

You can exercise these rights by email at the following address : rgpd@waterair.com

For the sake of privacy and the protection of your personal data, we must be able to verify your identity in order to respond to your request. If you wish to exercise these rights, you must support the request with a photocopy of an identity document mentioning your date and place of birth and bearing your signature, in accordance with the provisions of law no. 78-17 of 6 January, 1978 known as the “Data Protection Act”, from article 92 of the decree of 20 October, 2005 adopted for application of this law to French nationals, and of the regulations European 2016/679 of 27 April, 2016 for the proction of individuals’ personal data and the free movement of such data.

We use cookies and other trackers on our App. To learn more about their use and learn how to configure them, please see our cookie policy.

Article 11. APP AVAILABILITY

Waterair commits to doing its utmost to ensure that App Services can be accessed, viewed and used. The App can be accessed 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond Waterair’s control and subject to any breakdown and maintenance servicing required for the App to work properly. There may be maintenance servicing without the Users having been previously notified.

Article 12. LIMITATION OF WARRANTIES

Users access and use the App at their own risk.

The App and software are provided “as is” and “as available” without any warranty of any kind.

It is up to all Users to take all appropriate measures to protect their own data and/or software stored on their computer and phone device against attacks.

The User declares that they know and accept the characteristics and limits of the internet network, especially the internet network’s functional characteristics and technical performance; problems related to connection and/or access to the internet and/or websites; problems related to network availability and high traffic; problems related to network failure or saturation; problems related to transfer time, access to information posted online, response times for displaying, checking, querying or otherwise transferring data; interruption risks; the inability to protect certain data from possible phishing or piracy; the risks of contamination by any potential viruses circulating on said networks, etc. for which Waterair cannot be held responsible.

Waterair cannot be held responsible:

• if there is a fault, loss, delay or error in data transfer which is beyond their control;
• for sending messages and/or data and to a false, incorrect or incomplete address;
• if data does not reach them, for whatever reason, or if the data they receive is unreadable or impossible to process;
• if the User is unable to access or use the Site, App and/or Services for any reason whatsoever;
• if, for whatever reason, the connection should be interrupted.

Waterair also declines all responsibility if the device is not used properly and/or there is any incident with the device while using the App. Waterair can in no way be held liable for any damage of any kind whatsoever caused to Users, their devices, their computer and phone equipment and the data stored there, nor for any consequences that may result from this in terms of their personal, professional or commercial activity.

Article 13. CHANGES TO THE TERMS OF SERVICE

The applicable ToS are those in effect on the date that the User logs in and uses the App.

Waterair reserves the right to change all or part of the ToS provisions at any time without prior notice or information to Users in order to adapt the ToS to changes in the Services, or any technical, legal or jurisprudential changes or when implementing new services.

Users are held to be notified of any changes made by Waterair by the simple fact of posting them online. These changes are deemed to have been accepted without reservation by any User who accesses the App after said posting. Waterair therefore asks all Users to regularly consult the ToS.

Any new Service which includes new techniques or new features to improve the quality of existing Services will also be subject to these ToS, unless there are express provisions otherwise.

Article 14. TERMINATION

Waterair may terminate use of the App at any time by giving You notice of termination.

Upon any termination, (a) the rights and licences granted to you will terminate and you must cease all use of the App.

Article 15. CONTACT DETAILS

Any questions about the App and/or the Services should be addressed to : support.export@waterair.com

ARTICLE 16. APPLICABLE LAW

These ToS are subject to French law.

Any dispute or disagreement about the execution or interpretation of these regulations which cannot be settled amicably between the parties will be submitted to the competent courts of Mulhouse.

Signed at Seppois le Bas, France, on 24/08/2020