Voltha

DEFINITIONS

The Website shall mean the website maintained at cloud.voltha.net and/or all the subdomains of the website «cloud.voltha.net».
The Mobile application (Voltha) shall mean the Mobile application «Voltha» and/or related website, which give users an opportunity to control remotely and/or automate user’s home and/or office. Voltha is a monitoring application for residential energy storage systems and electrical vehicles.

The Administration– the person (persons) authorized by Owner of Voltha to implement management of Voltha and other actions related to its usage.
The Moderator of system (the Moderator) – the person (persons) authorized by the Administration to edit the information in Voltha in order to control Users compliance with Voltha rules and policies.
The Website visitor (The Visitor) – any person who visited, took a look at least at one page of the Website. The Visitor can browse information on the Website which is intended for acquaintance with Voltha in order to preview.
The User – the person, who installed the Mobile application, properly registered (including registration via the Website) and authorized using unique personal data.
Account – record which contains data that User reports about himself when registering in the Mobile application and/or via the Website. It contains data needed for the User authorization when connecting to the Mobile application.
Registration – the procedure of creating an account.

SUBJECT OF AGREEMENT

2.1. This Agreement (hereinafter the Agreement or the Terms of Use) is concluded between Sarl «Aton Green Energy» (hereinafter the Administration), registered under the legislation of Monaco (address: 98000, Monaco, rue du Gabian, 1), – company, which provides access to the Mobile application (the Website), and a person who installed and properly registered in the Mobile application and/or via the Website.
2.2. According to this Agreement the Administration provides Users with the right to use the Mobile application and its functions according to assignment of the Mobile application, specified in Section 1 of this Agreement.

VOLTHA TERMS OF USE

3.1. For using the resources, the services and the functions of the Mobile application the User needs to express his agreement with these Terms of Use. THE USER HAS NO RIGHT TO USE THE MOBILE APPLICATION IF HE (SHE) DOESN’T ACCEPT THE TERMS OF THIS AGREEMENT.
3.2. The Visitor has no right to use the Mobile application and can not accept the terms of the Agreement if he (she) is not under established legislation age for concluding such agreements; or did not comply with other conditions for concluding such agreements provided for by law.
3.3. According to the rules of Our PRIVACY POLICY (Annex №1) the Users are required to enter and confirm their personal data when registering via the Mobile application and/or Website.
3.4. The User has to fill all the data specified in Our PRIVACY POLICY (Annex №1).
3.5. The User is obliged to make changes at every amendment of registered data.
3.6. The lack of data as listed in paragraph 3.3 leads to impossibility to access to the services of the Mobile application for Users which registered with incomplete or false personal data.
3.7. The User at the time of registration expresses its consent:
3.7.1. To place information on his personal data in the Mobile application in the amount provided for in this Agreement and/or in the PRIVACY POLICY.
3.7.2. To process your personal data according to the purposes specified in this Agreement and/or in the PRIVACY POLICY (Annex №1).
3.7.3. To use and distribute your personal data, in accordance with the terms of this Agreement and/or the PRIVACY POLICY (Annex №1). Also the User at the time of registration expresses the consent to access of the third parties to his personal data in the manner provided for in this Agreement and/or the PRIVACY POLICY (Annex №1).
3.8. The Administration has the right to suspend User’s access to account and services of the Mobile application in case of violation of this Agreement.
3.9. Removal of an account is conducted in the following order:
3.9.1. Users remove their accounts by themselves. Users’ accounts could be removed by the Administration based on a letter, sent to the e-mail of the Administration.
3.10. One User can own just one account. The User identification is carried out on registration data in the Mobile application.
3.11. The User can send a request to remove his personal data from the data base of Users of the Mobile application. Removal of the personal data from the data base is based on a letter sent to the e-mail of the Administration. The Administration can reject to remove the personal data according to this Agreement and/or the PRIVACY POLICY (Annex №1).

INTELLECTUAL PROPERTY RIGHTS

4.1. Only registered Users of the Mobile application and/or the Website could use interactive resources and/or functions of the Mobile application.
4.2. The User has the right to use resources and/or functions of the Mobile application in such ways which are not contradicting these Terms of Use.
4.3. Copyrights for materials of Voltha, resources, services, unless otherwise specified, are property of the Administration.
4.4. Copying of materials of Voltha without written consent of the Administration is forbidden.
4.5. Partly quoting of materials of Voltha is permitted on an irregular basis with obligatory reference to the source of quotation (no more than 10% from the overall amount of materials).
4.6. All the names, titles, trademarks, symbols and slogans registered in accordance with established procedure are the property of their legitimate owners. In materials of Voltha are not used symbols ® and\or ™ to designate it.

ROLE OF THE ADMINISTRATION

5.1. The Administration is not responsible for any actions of the Users.
5.2. The Administration can block accounts of Users in the following cases:
5.2.1. Systematic violation of the rules of this Agreement.
5.2.2. Actions considered by the Administration as a deception, fraud and misrepresentation of Users and/or the Administration.
5.3. Account restoration is only possible in case of notification the Administration and acceptance of respective decision by the Administration.
5.4. The Administration reserves the right to block account of the User which actions insult the members of the Administration and/or can harm or tarnished the good name of 2Smart Cloud.

PAYMENT OF REMUNERATION FOR THE RIGHT OF USE

6.1. The Administration has the right to impose a fee for the right to use the Mobile application and change it in any time. If we decide to set a fee for the right to use the Mobile application, we will notify you of this via the Mobile application and/or the Website. 

CONFIDENTIALITY OF INFORMATION

7.1. Our PRIVACY POLICY is described in Annex №1 of this Agreement and is an integral part of it. The User gives his consent to accept this Agreement and its Annex and agree how the Administration deals with the order of collecting, storage and processing the personal data.

LIABILITY OF THE PARTIES AND ITS LIMITATION

8.1. For violation or improper performance of their obligations under this Agreement the Parties are held liable in accordance with the legislation of Ukraine.
8.2. The Administration is not liable for consumer properties and quality of the Content provided via the Mobile application.
8.3. The Administration is not liable for breaks in the provision of services, caused by technical disruptions in work of equipment and software. However, the Administration undertakes to take all reasonable measures to prevent such disruptions.
8.4. The Administration is not liable for any direct or indirect damages incurred by Users or by the third parties and also for loss of profit as a result of using the Website and/or the Mobile application.
8.5. The User agrees that he is solely responsible (and that the Administration is not held liable to the User or any third parties) for any violation of User’s obligations under this Agreement and for all the consequences of such violations including any loss or damage that the Administration may incur.

THE DATE OF ENTRY INTO FORCE AGREEMENT AND AMENDMENTS

9.1. The moment of entering into this Agreement is the moment when the User presses the Register button («Enter» or another button with the appropriate assignment) located in the Mobile application and/or the Website. Hereby, Users confirm their agreement with all the terms of this Agreement.
9.1.1. In any case, by filling out the registration form in the Mobile Application, the User automatically accepts the terms of this Agreement.
9.2. The Administration has the right to unilaterally and at any time amend this Agreement by placing its new version on the Website and/or via the Mobile application.
9.3. The User in turn undertakes to read at least once a week the current version of this Agreement posted on the Website and/or in the Mobile application, including information on making changes to this Agreement. Unless otherwise explicitly stated by the Administration, the new version of the Agreement and its Annexes shall come into effect at the time of posting it on the Website and/or via the Mobile application.
9.4. In case of disagreement with the new version of the Agreement, the User must immediately stop using the Website and the Mobile application.

TERMINATION OF AGREEMENT

10.1. At any time the User can terminate the Agreement with the Administration using the appropriate data removal procedure and stop using the Website and the Mobile application.
10.2. The termination of the Agreement on the part of the Administration may occur in the following cases:
10.2.1. Violations of the provisions of this Agreement, harming Voltha and/or its Users.
10.2.2. Commission of acts that contradict the policy of Voltha.
10.3. The resumption of relations may occur upon the decision of the Administration, provided that conditions described in paragraphs 3.3-3.5 of this Agreement are fulfilled after elimination of the causes for termination of the Agreement.

LEGISLATION AND PROCEDURE FOR RESOLUTION OF DISPUTES

11.1. The activity of the Administration is conducted in accordance with the legislation of Monaco. All of the disputes related to this Agreement are resolved through negotiations if the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Monaco.
11.2. Judicially recognition of the invalidity of certain provisions of this Agreement does not entail invalidity of the Agreement as a whole.

ANNEX

12.1. This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):
ANNEX №1 – PRIVACY POLICY. Using the Mobile application, you are required to acquaint and accept all the terms of our PRIVACY POLICY. The last version of our PRIVACY POLICY is available on the Website.

FEEDBACK

13.1. If you have any questions regarding this Agreement, please contact us by e-mail support@voltha.net.