Read these terms and conditions of the service (“Terms of Use”) carefully before using Xortec Oy’s (“Xortec”) online service. By registering in the online service of the leak guard manufactured by Xortec Oy (“Device”), you (“User”) agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you may not use the service.
Any order or other agreement you may have placed or concluded with Xortec or a distributor shall be hereinafter referred to as an “Agreement” in these Terms of Use. If the Agreement has been concluded with a distributor, the distributor has granted a right of use in accordance with these Terms of Use.
In these Terms of Use, online services refer to the chargeable online service (“Service”) provided or maintained by Xortec, published on the site [http://www.main-iot.com or http://www.main-iot.fi] and related to the use of the Device. The Service works via a web browser. The Device measures moisture levels and collects data on the battery’s voltage values and signal strength over the Sigfox network. The data is saved on Xortec’s server.
The Service sends a text message of any water damage detected by the Device to the mobile phone number registered by the User. If the User does not confirm receipt of the text message, the Service will call the mobile phone. The duration of the Service and the number of text messages and telephone calls included in the Service has been set out in the Agreement. Unless otherwise agreed, the amount is 30 text messages or calls within two years of use. The Service will not work if the Device has not been registered in the Service or the Device is taken into use without registering a mobile phone number in the Service. The duration of the right of use, as referred to below, however, shall start upon deployment, not the registration of the mobile phone number(s).
Unless otherwise agreed, a limited right to use the Service is included in the purchase price of the Device. The two-year right of use commences upon deployment as referred to in the instruction manual of the Device and ends after two years have passed since the deployment. However, the right to use the Service always ends once the aforementioned maximum number of text messages and telephone calls is reached, even if deployment has taken place less than two years ago. An extension for the right to use the Service may be purchased through the Service. If the right to use the Service is not extended within one month of the right running out, it is possible that the Device can no longer be connected to the network, preventing further use of the Service with the Device in question.The User can also be sent text messages concerning the Service, e.g. reminders concerning the acquisition of an extension of the Service. The text message(s) will be sent to the mobile phone numbers registered in the Service by the User.
In order to use the Service, the User needs a web browser, a Device and a mobile phone as well as the required data and mobile phone connections.
Use of the Service requires the registration of the Device in the Service. In addition to the Device, the User’s mobile phone number will be registered in the Service for sending alerts of potential water damage. The User can register up to three mobile phone numbers.
The User has the right to use the Service in accordance with these Terms of Use and the Agreement.
The Service is intended for use with the Device manufactured by Xortec and only for the purpose of alerting of potential water damage. Any other use is prohibited.
The User is liable for ensuring that the mobile phone numbers submitted to the Service by the User are correct and in use. The User is also responsible for that the User has the right to submit the mobile phone numbers which the User enters in the Service. In addition, the User is liable for ensuring that the Device is within the coverage area of the Service and placed in accordance with the instruction manual. The coverage area of the Service can be checked e.g. on the websites http://www.main-iot.com or http://www.main-iot.fi. Xortec does not guarantee that the Service functions everywhere within the coverage area. The location of the Device affects signal strength. Signal strength can be weakened or signal blocked e.g. by placement of the Device in a basement, or by a shadow region caused by terrain or other structures blocking the signal. The actual signal strength in the location of the Device can be checked from the website of the Service (number of checks determined on the Service website).
The User shall have the right to use the Service for the period of validity set out in the Agreement or section 1 of the Terms of Use, provided that if the User fails to comply with these Terms of Use or the Agreement, Xortec will have the right to block the use of the Service immediately without separate notice.
Xortec also has the right to block the use of the Service when the maximum number of text messages/telephone calls is used up. In these situations, the User can acquire additional right of use against separate payment.
Xortec endeavours to ensure uninterrupted and undisrupted availability of the Service. However, Xortec is not responsible for the uninterrupted, timely and error-free operation of the Service.
Xortec is not liable for damage resulting from interruptions to the Service caused by technical faults, maintenance or installation work, updates, disruptions in information or mobile networks, or any other circumstances.
Xortec is not liable for damage resulting from the mobile device or the Device being outside the coverage of the Service or otherwise unusable, or from the User failing to take note of a text message or to answer an alert call.
Xortec is not liable for problems with coverage resulting from the placement of the Device.
The User is only granted the right of use specifically determined in and granted under these Terms of Use. The granting of the right of use does not constitute a sale, transfer or other assignment of intellectual property rights or proprietary rights owned or used by Xortec to the User.
All rights to the Service, including copyright and other intellectual property rights, belong to Xortec. Xortec retains all rights which are not specifically granted to the User in these Terms of Use.
Data collected by the Services belongs to Xortec.
The Service is provided “as is” without warranty of any kind. Xortec is not liable for the correctness, accuracy or extent of information or other material within the Service.
The User may not transfer the right of use to a third party.
Xortec has the right to transfer the Service or its maintenance or the responsibilities and obligations related thereto to a third party.
The User is liable for the acquisition and functioning of any equipment, software and network connections required in order to use the Service, and any costs resulting from them.
The Service is subject to payment.
The deployment of the Service requires that the price charged for the Service has been paid before deployment. The payment has been agreed in the Agreement.
Xortec complies with applicable Finnish data protection legislation when processing the Users’ data. Data is processed as described in the description of the personal data file. The description of the personal data file, which also contains more information on the processing of data, can be accessed online at: Privacy Policy
In the event of Force Majeure, Xortec is released from its obligations related to the Service if the Force Majeure prevents or unreasonably impedes Xortec’s performance related to the Service. Force Majeure events include, inter alia, fire, earthquake, flood, explosion, strike or other stoppage, authorities’ orders, disruption in energy supply, lack of raw materials or other supplies, cable or other data communications disruption caused by or due to external parties, disruption of the mobile network, or any other similar reason which has not been known and against which it has not been reasonably possible to take precautions.
Xortec will notify of a Force Majeure event on the Service website immediately after it has arisen, if notification is possible.
TO THE EXTENT PERMITTED BY LAW AND WITH THE EXCEPTION OF ANY WARRANTIES EXPRESSLY AGREED IN THE AGREEMENT AND APPROVED BY XORTEC, XORTEC PROVIDES NO WARRANTIES OR GUARANTEES (EXPRESS OR IMPLIED, WRITTEN OR ORAL) CONCERNING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (REGARDLESS OF WHETHER XORTEC IS AWARE OF SUCH PURPOSE OR NOT) OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WHETHER BASED ON LEGISLATION, TRADE PRACTICE IN THE FIELD OR BETWEEN THE PARTIES, OR COURSE OF DEALING.
UNDER NO CIRCUMSTANCES SHALL XORTEC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, REGARDLESS OF HOW THEY ARE CAUSED, INCLUDING LOSS OF INCOME OR BUSINESS AND THE USE OF THE SERVICE OR INABILITY TO USE IT, EVEN IF XORTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Xortec’s total liability under these Terms of Use is limited to an amount corresponding to the sum actually paid by the User for the Service.
Xortec develops the Service continuously, and it has the right to change the Service and the contents thereof as a part of its development work as and when it deems appropriate.
Xortec may unilaterally amend these Terms of Use at any time. Any amendments of the Terms of Use will be notified separately as deemed appropriate. The User accepts the amended Terms of Use by using the Service after being informed of the amendments.
The Service and these Terms of Use shall be governed by the laws of Finland.
The parties shall endeavour to settle any disputes related to the Service and these Terms of Use primarily through mutual negotiations. If an amicable resolution cannot be reached through negotiations, the disputes shall be taken to the District Court of Helsinki. A consumer has the right to request the Consumer Disputes Board to issue a recommended decision on the dispute.
