Speedyspa CGU
Welcome to SPEEDY SPA, the connected portable spa made simple! ASD provides you with the SPEEDY SPA mobile application, which can be downloaded to your mobile devices and allows you to remotely control your portable spa and access a range of services (filtration, lighting, temperature control, etc.).
“Application” means the SPEEDY SPA application available for download from the “AppStore®” and “Google Play®” application platforms.
“GTCU” or the “Agreement” means these general terms and conditions of use governing access to and use of the Application and Services, as well as the rights and obligations of the Company and the User under the GTCU.
“Equipment” means any compatible material, equipment and/or electronic device manufactured or marketed by the Company or by a third-party manufacturer, installed in the User’s portable spa, with which the Application will synchronize and interact in order to provide the Services.
“Parties” means the Company and the User.
“Spa” means the User’s private portable spa intended for individual use (family use without commercial operation) in which the Equipment is installed.
“Services” means the features and services operated by the Application in connection with the Equipment, as defined in Article 4.
“Company” means the company ASD (Aqua System Design), a simplified joint-stock company with share capital of €35,000, registered with the Chalon-sur-Saône Trade and Companies Register under number 390 731 701, whose registered office is located at 85 RUE DES INDUSTRIES 71500 BRANGES Tel: +33 (0)3 73 55 11 42, @: contact@asd-whirlpool.fr
“Device” means any computer or communication terminal (including smartphones and tablets equipped with iOS or Android operating systems updated with the latest updates or upgrades) enabling (i) connection to the Internet or any mobile telephone network, as well as to a Wi-Fi network, and (ii) pairing with other compatible electronic devices via the Bluetooth protocol, and (iv) supporting the latest versions of the main Internet browsers available on the effective date of the GTCU.
“User” means an adult or emancipated individual who uses the Application and the Services in connection with the Equipment for personal, non-professional purposes.
Access to and/or use of the Application and/or Services requires the User’s prior and unconditional acceptance of the GTCU.
By clicking the “ACCEPT” button after reading the GTCU, when first using the Application, the User (i) certifies that they are of legal age and legally capable and (ii) expressly and unconditionally consents to the GTCU.
Acceptance of these GTCU is complete and forms an indivisible whole, and the User may not (i) choose to apply only part of the GTCU or (ii) make any reservations.
The Application and Services operate only after pairing with Equipment incorporating a communication protocol compatible with the Application and the Device.
The User is solely responsible for acquiring the Equipment used in connection with the Application and Services and undertakes to verify the compatibility of the configuration of their Equipment with the Services before first using the Services.
The Equipment must be installed and used in accordance with the installation instructions provided to the User when purchasing the Equipment. In the event of Equipment malfunction, the User must refer to the terms and conditions of sale and warranty provided when purchasing these products.
The User shall ensure that they have a compatible Device in accordance with the minimum configuration specified by the Company (Bluetooth Low Energy).
All software and hardware required to download and use the Application, as well as all other related costs, including telecommunications charges and subscriptions, shall be borne exclusively by the User.
When first using the Application, the User shall:
- activate the Bluetooth connection on their Device by following the instructions provided by the manufacturer;
- pair the Device with the Equipment by following the instructions provided in the Equipment user manual and/or the instructions displayed in the Application (scanning for compatible and accessible Equipment, synchronization).
The Application allows the User to remotely control the information provided by the Equipment connected to it and operating in the User’s spa. The Application allows the User to use all or part of the following Services depending on the configuration of their Equipment:
- Spa filtration
- Spa lighting
- Spa massage, pump and blower
- Spa water temperature
During the term of the Agreement, the User is informed and accepts that the Company reserves the right to modify the list, content and features of the Services in order to improve the User experience, adapt to the development of new technologies and/or comply with any legal or regulatory requirements.
The Services are available 24 hours a day, seven (7) days a week, subject to the limitations agreed in the GTCU.
The Device and the Equipment transmit information via telecommunications networks and protocols (e.g. Internet, Bluetooth). Consequently, the User declares and acknowledges that the Application and Services depend on the proper functioning of these devices and telecommunications networks.
In any event, the User is responsible for ensuring:
- prior to downloading the Application: the availability of and access by the Device to the Internet and mobile telephone networks (3G, 4G, etc.) in order to download the Application and any updates;
- prior to any use of the Services: the proper functioning and configuration of their Device and the absence of any element causing interference with Bluetooth communications, such as, in particular, the use of a microwave oven, wireless speaker, external monitors and LCD screens, etc.
The User’s use of the Services is granted by the Company for an indefinite period, until the Agreement is terminated by either Party.
The Company may terminate the Agreement for legitimate reasons, such as discontinuation of the marketing of the Equipment, removal of the Application from Google Play and/or App Store platforms, and/or discontinuation of the Services offering.
The User may terminate the Agreement at any time without prior notice to the Company by uninstalling the Application, in particular in the event of a substantial modification of the GTCU in accordance with Article 13.
In the event of termination for any reason whatsoever, the rights and licenses granted to the User shall terminate immediately and the User must cease all use of the Application.
The User is informed and expressly accepts that uninstalling the Application may prevent or restrict, in whole or in part, the use of the Equipment’s features.
Prior to accepting the GTCU and using the Services, the User declares that they have read the characteristics and features of the Services and have ensured that they meet their needs and are compatible with their equipment.
The User undertakes to:
- access and/or use the Application and/or Services in accordance with the provisions of the GTCU and in compliance with applicable laws and regulations;
- not access the Services by any means other than that provided by the Company;
- use a Device compatible with the Services and benefiting from the latest operating system updates;
- comply with the terms and conditions of use of the Equipment.
- access to and use of the Application is reserved exclusively for personal use, without any direct or indirect profit-making purpose;
- any commercial use of the Application or use for any purpose other than the use of the Services is strictly prohibited.
General safety advice
The spa may constitute a serious danger to the Users’ children. Drowning can occur suddenly and rapidly. Children inside the spa require the User’s constant vigilance and active supervision when using the Application and Services.
The physical presence of an adult is essential when the spa pool is open.
The User declares that they are aware of the risks inherent in using a Spa, must exercise vigilance when using the Services and, in this respect, undertakes, before and/or during any use of the Services, to:
- ensure that the Device and the Equipment are properly paired (depending on the available connection method: Bluetooth, etc.);
- comply with the safety instructions and user manuals relating to the Device, the spa, and the terms and conditions of use of the Equipment, and more generally when using electrical equipment in the presence of water;
The Company undertakes to use its best efforts to ensure the availability of the Services in accordance with Article 5 of the GTCU.
The Parties expressly agree that the Application and Services are made available to the User “as is”, without any warranty as to their suitability for the User’s specific needs or their ability to meet any particular objective expected by the User.
The Company does not guarantee backward compatibility of the current version of the Application with any new Equipment.
During the period of use of the Services, the Company may, at its discretion, make available to the User via the App Store or Google Play platforms corrective updates addressing any malfunctions or errors affecting use of the Application and/or upgrades improving or modifying the Application’s features.
The User undertakes to promptly install any update or corrective patch for the Application made available by the Company.
As part of maintenance of the Application, the Company may:
- suspend access to the Application and/or use of the Services for the duration of maintenance operations;
- and/or - modify the Application without prior notice to the User and without compensation.
Due to the very nature of the Internet network, mobile telephone networks and the Bluetooth protocol, the Company cannot guarantee the User continuous and permanent availability of access to the Application and Services, which the User expressly acknowledges and accepts.
The Company does not guarantee that the Application and Services will be free from malfunctions, errors or bugs, or that their operation will be uninterrupted.
Consequently, the User is reminded that they are responsible for taking all appropriate measures to minimize the harmful consequences arising, in particular, from a possible interruption of the Services. All warranties are excluded in the event of (i) unlawful use of the Application and/or Services by the User and/or use that does not comply with their agreed purpose under these GTCU, (ii) failure by the User to install any Application updates, (iii) improper use of the Device by the User, (iv) misuse of the Services by the User in connection with use contrary to their intended purpose, or (v) force majeure.
The User is solely responsible for the proper installation of the Application, configuration of the Equipment and its pairing with the Application, and for the consequences of using the Services, compliance with the GTCU, and compliance with any regulations applicable to the use of the Application, the Services and the Pool.
The Company:
- provides access to the Services via the Application on a best-efforts basis;
- is responsible for the proper performance of its contractual obligations under the GTCU and applicable laws and standards;
- shall be liable only for direct and foreseeable damages caused to the User by the Company’s failure to perform its obligations under these terms.
In any event, the Company shall not be liable for harmful consequences resulting from the following circumstances:
- the User’s failure to comply with all safety and precautionary principles and instructions relating to the use of the spa, and in particular the obligations agreed in Article 7.2 of the GTCU;
- the User’s failure to comply with the provisions of the GTCU and/or any applicable law or regulation;
- failure to comply with installation instructions (initial installation of the Application and any subsequent updates and upgrades), commissioning instructions (including connection and configuration), operating and use instructions for the Application and/or Services, and maintenance instructions for the Equipment;
- disruptions or failure of the telephone network, Internet network or electrical network connection at the location where the spa is situated;
- any difficulty accessing the Services resulting from a technical maintenance operation necessary for the proper functioning of the Application and/or Services and/or in the event of data updates, Application updates or upgrades;
- disruption of the radio environment of connected devices (presence of radio interference resulting from equipment or electrical constraints in the residential environment) and/or of Bluetooth functionality;
- connection of the Application or pairing of the Device with unsuitable or incompatible connected equipment, or obsolete Equipment and/or Equipment that does not comply with applicable standards;
- misuse of the Services by the User in connection with use contrary to their intended purpose; - delay or failure by the User to install any corrective patch or Application update made available by the Company;
- accidents or natural disasters affecting the Services, electrical networks or telecommunications networks (e.g. power surge, lightning, storm, flooding or humidity, fire, etc.) and any force majeure event, Furthermore, the Company shall not be liable for indirect damages, i.e. any damages that do not result directly and exclusively from the partial or total failure of the Application and/or Services.
The GTCU do not entail any transfer of intellectual property rights to the User. In particular, the Company remains the sole owner of the images, photographs, drawings and/or illustrations displayed on the Application, which the User expressly acknowledges.
During the term of the Agreement, the Company grants the User, who accepts it, a personal, non-exclusive, non-sublicensable and non-transferable right to access the Application and use the Services in accordance with their intended purpose and the content of the GTCU, from their Device and for non-commercial purposes, in any territory where the Application is available for download. Accordingly, any reproduction, disclosure, publication, distribution, representation, adaptation, translation, modification, decompilation, commercialization or granting of a sublicense relating to all or part of the Company’s intellectual property rights, regardless of the purpose, medium, duration, territory or means used, is prohibited.
In connection with the use of the Application and Services, the Company does not collect or process any personal data identifying the User within the meaning of Article 2 of Law No. 78-17 of January 6, 1978, known as the “Data Processing and Civil Liberties” Act. However, the Company may collect and process technical data or consumption measurements relating to use of the Application and the Equipment.
The Measurements are not personal data because they do not relate to the User and do not enable the User to be identified, directly or indirectly, which the User expressly acknowledges.
Thus, the Measurements may include the average water temperature, the number of times the Equipment is used, the average annual usage time, etc.
The User is informed that the collection of Measurements enables the Company and its partners to:
- improve the content and quality of the Application and Services;
- conduct statistical and technical studies and compile data in order to understand and anticipate Users’ needs;
- ensure responsiveness in the support it may provide to the User, in particular by implementing patches and updates for the Application.
The Application may contain hyperlinks or allow the User to click on an icon to open the Internet browser installed on the Device and display websites operated by third parties (the “Third-Party Websites”).
These links are provided for information purposes only. The Company has no control over the Third-Party Websites and disclaims all liability for access to, content of (including advertisements, products, services and/or any other material available on or from the Third-Party Websites), or use of these websites, as well as for any damage that may result from viewing the information available on these Third-Party Websites.
The User declares and acknowledges that the Company has no control over the process used by Third-Party Websites to collect information relating to the User’s browsing on the Third-Party Websites and/or to process Users’ personal data, including through the possible installation of tracking cookies.
The Company invites the User to consult the privacy policies of the Third-Party Websites in order to learn about their methods of collection and purposes of use, particularly for advertising purposes, of browsing information they may collect, where applicable. The decision to activate these hyperlinks and visit the aforementioned Third-Party Websites is the sole responsibility of the User, who undertakes to read and comply with any applicable terms and conditions of use of the Third-Party Websites.
In the event of force majeure within the meaning of Article 1218 of the French Civil Code, the obligations of the Parties under the GTCU shall be suspended for the entire duration of the force majeure event and shall resume once it has ceased.
Force majeure events include, without this list being exhaustive: prohibitions or restrictions imposed by public authorities concerning the provision of telecommunications services, including any service interruption expressly requested by a competent administrative or judicial authority; interruption of energy supply; failure and/or interruption of transmission networks, including access to the Internet; failure and/or sabotage of telecommunications facilities; computer hacking; fire, lightning, flooding and other natural disasters; water damage; exceptional severe weather; damage; epidemic; riot; war; civil war; insurrection; terrorist attack; explosion; vandalism; and total or partial strike.
The lack of access to the Application and/or failure to provide the Services attributable to a force majeure event shall not give rise to any claim.
The Company and/or the User may freely terminate the Agreement if the force majeure event persists for more than sixty (60) days from notification to the other Party of the occurrence of the force majeure event, without either Party being entitled to claim damages.
The Company draws the User’s attention to the evolving nature of the Company’s technology, the range of Services available and the applicable legislation. Accordingly, the User is informed that the Company may make changes to the content and features of the Application and Services arising from technical and/or legislative developments, without this resulting in any deterioration in quality or modification of the characteristics of the Services for the User.
Accordingly, the Company reserves the right to modify the GTCU in order to adapt them to changes made to the Application and/or Services.
During the term of the Agreement, the User undertakes to regularly consult the App Store and Google Play platforms to check for the availability of any new Application update and to download any Application update before any further use of the Services.
Any use by the User of the Application and/or Services after notification of the amended GTCU shall constitute unconditional acceptance of such amendments. If the User refuses to accept the amended GTCU, they acknowledge and agree that the Services will be unavailable.
The rights of access to and use of the Services being granted on a personal basis, the User undertakes not to assign all or part of their rights and obligations under the GTCU without the Company’s prior express written consent.
The nullity or unenforceability of any provision of the GTCU shall not result in the nullity of the other provisions, which shall retain their full force and effect.
The Company’s failure, at any given time, to invoke any provision of these terms shall not constitute a waiver of its right to invoke the same provisions at a later date.
The formation, validity, interpretation and performance of the GTCU, as well as the use of the Application and performance of the Services, shall be governed exclusively by French law.
Users expressly agree to comply with all applicable national laws, orders and regulations when using the Services through their Devices outside French territory.
Disputes with a Consumer User
The User shall submit any complaint relating to the performance of the GTCU by registered letter with acknowledgment of receipt to the Company’s customer service department.
The consumer User is informed and acknowledges that they may use a conventional consumer dispute mediation procedure or any other alternative dispute resolution method in order to seek an amicable resolution of any dispute relating to the performance of the GTCU.
Consumer Dispute Mediation – In accordance with Articles L.151-1 et seq. and R.152-1 et seq. of the French Consumer Code, and subject to their applicability to these terms, the consumer User is informed that they may use a consumer mediator free of charge, provided that (i) they can demonstrate that they have first attempted to resolve the dispute amicably with the Company and (ii) they refer the matter to the competent mediator within a maximum period of twelve (12) months from the date of the written complaint submitted to the Company.
The European Commission has established an online dispute resolution platform intended to receive any consumer complaints following an online purchase and subsequently forward them to the competent national mediators.
This platform is accessible at the following link https://ec.europa.eu/consumers/odr/
Failing a resolution, the dispute shall be brought by the more diligent Party before the competent court.
ACCESS TO AND USE OF THE SERVICES ARE SUBJECT TO THE USER’S ACCEPTANCE OF THESE GTCU.
IN THE EVENT OF DISAGREEMENT WITH ALL OR PART OF THE PROVISIONS OF THE GTCU, THE USER MAY DECLINE TO ACCEPT THE GTCU AND REFRAIN FROM USING THE SERVICES.