1. INTRODUCTION
1.1 This licence agreement for the Quadralite: light controller application (the “Agreement”) sets out the rights and obligations of the user of the Quadralite: light controller application (the “Application”), supplied by Q Media Renata Adamczyk, with its registered office in Kraków (the “Licensor”), and designed to control Quadralite devices.
1.2 This Agreement governs use of the Application by the user (the “User”). Persons who do not own Quadralite devices may not use the Application. If there is any doubt as to whether a person qualifies as a User, the Licensor shall decide the matter.
1.3 The User may use the Application only in accordance with its purpose and intended use and may not sublicense it or make it available to other Users.
1.4 Use of the Application requires prior acceptance of this Agreement. By accessing or using the Application, the User confirms that they have read, understood and agree to comply with it. The Agreement may be supplemented by additional agreements relating to specific functions or products offered through the Application.
1.5 Installing and using the Application constitutes acceptance of the licence agreement.
1.6 Q Media Renata Adamczyk reserves the right to amend this Agreement and other documents applicable to the Application. Users will be informed of any amendments and where they are published.
1.7 No licence fee is charged for using the Application.
1.8 Q Media Renata Adamczyk shall not be liable for omissions by Users of the Application.
1.9 Q Media Renata Adamczyk shall use reasonable efforts to ensure that the Application operates correctly. Where a malfunction results from an act or omission of Q Media Renata Adamczyk, total liability is limited to actual loss. The Licensor shall not be liable for malfunctions caused by third parties or by an act or omission of the User.
2. DEFINITIONS
2.1 “User” means a natural person interested in using Quadralite devices or using the Application. “Application” means the Quadralite: light controller application supplied by Q Media Renata Adamczyk, with its registered office in Kraków. “Licensor” means Q Media Renata Adamczyk, with its registered office in Kraków.
3. RIGHT TO USE THE APPLICATION
3.1 Users may use the Application only in accordance with its purpose and intended use and may not sublicense it or make it available to other Users.
4. INTELLECTUAL PROPERTY
4.1 The User acknowledges that Q Media Renata Adamczyk owns the rights to the Quadralite: light controller application and the content available through it, including intellectual property rights.
4.2 The User undertakes not to remove, obscure, delete or modify any trademarks, copyright notices or other intellectual-property notices placed in or made available in connection with the Application.
5. TECHNICAL REQUIREMENTS
5.1 To use the Application, the User should have a device with Internet access and Bluetooth. The Application is available from Google Play for Android.
5.2 Downloading and installing the Application from other sources constitutes a breach of the Agreement. This does not apply to devices on which the Application was factory-installed with the consent of Q Media Renata Adamczyk.
5.3 The Licensor shall not be liable for disruption to the Application caused by faulty hardware or interaction with other software used by the User.
5.4 The User acknowledges that the Application may connect automatically to the Internet to check for a new version and to connect to online services of the Licensor or cooperating entities.
5.5 The User acknowledges that the Application connects via Bluetooth to Quadralite devices in order to control them.
6. PRIVACY AND PERSONAL DATA
6.1 The Licensor does not disclose personal data to other Users. Personal data provided in the Application is treated as confidential and is not visible to unauthorised persons.
6.2 Personal data is processed in accordance with data-protection law, the Privacy Policy and to the extent necessary for legitimate interests, provided that these do not override the rights and freedoms of the data subject.
6.3 The data subject has the right to access, rectify or erase data, restrict processing, object to processing and lodge a complaint with a supervisory authority.
6.4 Enquiries about personal-data processing may be sent to info@quadralite.pl.
6.5 The service provider may disclose User data to entities authorised under applicable law.
6.6 Data may be erased following withdrawal of consent or submission of a legally admissible objection.
6.7 The service provider does not disclose data to entities other than those authorised by law.
6.8 Personal data is processed only by authorised persons.
6.9 The User consents to receiving commercial information from the Licensor or its successors by electronic means in accordance with applicable law.
7. TERMINATION
7.1 The licence may be terminated in any case provided for by applicable law and this Agreement.
7.2 The parties agree that the notice period is one month.
8. DISPUTE RESOLUTION
8.1 Any dispute arising from or relating to the Agreement shall be resolved by the courts having jurisdiction over the Licensor’s registered office.
8.2 The Agreement is governed by and shall be interpreted in accordance with the laws of the Republic of Poland.
9. FINAL PROVISIONS
9.1 The provisions of the Agreement are severable. If any provision is invalid or unenforceable, this does not affect the validity or enforceability of the remaining provisions.
9.2 This Agreement enters into force on 10 November 2020.