Assembly assistance mobile app easy.guide.export

Terms & Conditions of Use

These Terms & Conditions of Use (hereinafter “T&Cs”) aim to set out the rules governing the use of the easy.guide export mobile app (hereinafter the “App”) developed by Waterair Group (hereinafter “Waterair”).

By installing the App on your device and/or accessing it as a visitor and/or user, you accept all the T&Cs below unconditionally and unreservedly. This App will also allow you to easily contact our Customer Department if necessary, so that it may provide you with the best possible assistance in assembling your kit. If you do not wish to accept these T&Cs, please do not access the App.

Any visit and/or use of the App shall be in compliance with these T&Cs.

Article 1. DEFINITIONS

Terms beginning with an upper case letter in these T&Cs, whether used in the singular or plural, shall have the meanings given to them below:

„App“ means the easy.guide software application developed and supplied by Waterair for access to the Services, which is available from the Google Play Store for downloading to the User’s device. The term App also encompasses the Content, software, programs, tools (for programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that make it up, and also all updates and new versions of the App by Waterair.

„Content“means, without limitation, the structure of the App, the editorial content, drawings, illustrations, images, photographs, graphics standards, trademarks, logos, acronyms, company names, audiovisual works, animations, multimedia works, visual content, audio and sound content, as well as any other content present within the App and/or any other component of the App.

„Services“ means the various features and services offered by the App.

„Websites“ means the official websites of Waterair at: https://www.waterair.com.

„User“ or “You” means a natural person of age or a minor who has first obtained permission from their parents or guardian, who has downloaded the App for their own needs as part of strictly personal and non-commercial use, with no direct or indirect profitable purpose.

Article 2. PURPOSE OF THE APP

The Waterair App is designed with a simple objective, that of providing you with information to support you at every step of the assembly of your swimming pool, and of enabling you to be assisted by our Customer Department if needed. The App will complement the printed Assembly Manual handed over to you before the delivery of your pool.

Article 3. ACCESSING THE APP

A compatible phone or mobile device and Internet access are required for accessing and using the App.

The App may be downloaded free of charge from the Google Play Store to the following mobile devices:

• Android® smartphone or tablet running Android® OS 6 or higher.
• Apple® smartphone or tablet running iOS 13 or higher.
• The software version of the App may be updated from time to time to add new features and services.

Article 4. FINANCIAL TERMS AND CONDITIONS

The App is offered free of charge in the stores to Users, excluding the cost of subscription with the mobile phone operator, connection and Internet access costs or any additional cost charged for data loading.

Article 5. APPLICATION OF T&Cs

These T&Cs shall apply to any User of the App and Services.

At each visit, users are asked to carefully read the T&Cs, which are accessible via a hyperlink on the home page of the App and are subject to change at any time without notice.

The App may be updated regularly. In that respect, any App downloaded by a User has a limited validity period, considering the updates to be downloaded imperatively and any technical, legislative or regulatory developments, over which Waterair has no control.

Article 6. INTELLECTUAL PROPERTY OF THE APP

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 provisions of the T&Cs may be construed to be any assignment, transfer, sale, concession, license, loan, lease or operating permission granted directly or indirectly by Waterair to the User in respect of the App,its Content and/or the Services.

Article 7. END USER LICENCE

Waterair grants the User a personal, non-exclusive, revocable, non-transferable worldwide right to use the App, Content and Services free of charge, solely for their own needs in connection with the use of the App and Services, to the exclusion of any other purpose.

Access to and/or use of the source codes of the App and/or software components of the App by the User are strictly forbidden.

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

This licence does not grant any right of use in respect of the Content to the User. The User may therefore not reproduce, represent, adapt and/or operate any Content.

The User expressly agrees to use the App in a manner that does not in any way harm the rights of Waterair, and particularly that such use shall not constitute any infringement of, unfair competition with or free-riding in respect of the Content.

Article 8. OBLIGATIONS OF THE USER

The User expressly agrees :

• to download the App to their device exclusively for personal and non-commercial use;
• not to reproduce the App permanently or temporarily, in whole or in part, by any means or in any form;
• not to use software or processes designed to copy the Content without the prior written permission of Waterair;
• not to undertake any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding or reverse engineering of all or part of the App, Services and/or Content;
• not to export the App, or merge all or part of the App with other computer programs;
• to only make short quotations, analyses or reproductions intended for press reviews or for other uses expressly permitted by law within the limits and conditions set thereby and subject in particular to citing the names of the authors and the editorial source;
• to expressly refrain from using software or devices liable to disrupt the proper functioning of the App or taking any action likely to impose a disproportionate burden on the infrastructure of Waterair;
• not to extract or reuse, including for private purposes, any substantial or non-substantial part of the content of the databases and archives constituted by the App, without prior written permission from Waterair;
• not to set up systems liable to hack the App and/or the Content in whole or in part, or liable to violate these T&Cs;
• to inform Waterair as soon as it becomes aware of any hacking and in particular of any unlawful or non-contractual use of the App and/or the Content regardless of the method of dissemination;
• • not to sell, rent, sublicense or distribute the App and/or Content in any way whatsoever to third parties.

Article 9. PROTECTION OF PERSONAL DATA

In its capacity as the data controller, Waterair processes the personal data of the User as part of their navigation using the App. In accordance with EU Regulation 2016/679 of 27 April 2016 on the protection of personal data, Waterair provides comprehensive information on the data processing implemented and the manner in which that is done through a “privacy policy”.

Article 10. AVAILABILITY OF THE APP

Waterair agrees to make its best efforts to secure access, consultation and use of the Services of the App. The App is accessible 24 hours a day, 7 days a week, except in the event of a force majeure circumstance or the occurrence of an event beyond the control of Waterair, subject to any failures and maintenance work necessary for the proper functioning of the App. Maintenance work may be carried out without prior notice to Users.

Article 11. LIMITATION OF GUARANTEE

Users shall access and use the App at their own risk.

The App and software are supplied on an as-is and as-available basis, with no guarantee of any kind.

Users shall be responsible for taking all appropriate measures to protect their own data and/or software stored on their computer and telephone devices from harm.

The User declares that they are aware of and accept the characteristics and limits of the Internet and, in particular, its functional characteristics and technical performance; problems relating to connection and/or access to the Internet and/or websites; network availability and congestion issues; problems relating to network failure or saturation; issues relating to transit time, access to information posted online, response times for displaying, viewing, querying or otherwise transferring data; risks of interruption; the lack of protection of certain data against possible misuse or hacking; risks of contamination by possible viruses circulating on said networks, etc. for which Waterair cannot be held liable.

Waterair shall have no liability:

• in the event of any defect, loss, delay or error in the transmission of data beyond its control;
• for the transmission of messages and/or data to a false, incorrect or incomplete address;
• if it fails to receive data for any reason, or if the data it receives is illegible or impossible to process;
• in the event that the User is unable to access or use the Website, the App and/or the Services for any reason whatsoever;
• if the connection is interrupted for any reason.

Furthermore, Waterair shall not have any liability in the event of misuse of the device and/or incident relating to the use of the device while using the App. Waterair shall not in any case be liable for any damage, of any type whatsoever, caused to Users, their devices, their computer and telephone equipment and the data stored therein or the consequences thereof for their personal, professional or commercial activity.

Article 12. CHANGES TO THE TERMS AND CONDITIONS OF USE

The applicable T&Cs are those in force on the date of connection and use of the App by the User.

Waterair reserves the right to modify all or part of the provisions of the T&Cs at any time without prior notice or information to Users in order to adapt them to changes in the Services, technical, legal or jurisprudential developments, or when setting up new services.

Any changes made by Waterair to the T&Cs shall be brought to the attention of Users by merely posting them online. They shall be deemed to be accepted unreservedly by any User who accesses the App after such online publication. Waterair therefore asks all Users to regularly consult the T&Cs.

Any new Service incorporating new techniques or new features that improve the quality of existing Services shall also be subject to these T&Cs unless expressly provided otherwise.

Article 13. TERMINATION

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

Upon any termination, (a) the rights and licenses granted to you shall be terminated and you must cease all use of the App.

Article 14. CONTACT

Any queries relating to the App and/or Services are to be sent to : support.export@waterair.com

ARTICLE 15. APPLICABLE LAW

These T&Cs shall be subject to the laws of France.

Any dispute or challenge relating to the execution or interpretation of these rules that cannot be settled amicably between the Parties shall be submitted to the competent courts of Mulhouse.

Executed in Seppois-le-Bas, on 10/03/2023