Effective as of 1 September 2020.
These Terms of Use (“TOU”) apply when you use digital solutions (“Digital Solutions”) provided by a company in the DAB group, i.e. a company directly or indirectly owned by DAB Holding Spa (“DAB” or “we”/”us”/”our”).
Quick links
- Description of Services
- Acceptance of Terms
- Disclaimer
- User Account and Use of the Digital Solutions
- Unlawful or Prohibited Use
- Intellectual Property and Data
- SIM
- Export Control
- Indemnification
- Legal disputes
- Miscellaneous
- Specific terms – Replace with DAB and DNA Selection Tool
Description of Services
When using the Digital Solutions you can access information and services provided by DAB.
The Digital Solutions consist of the DAB webpage, DAB applications and other digital services, and user accounts for such DAB solutions.
Some Digital Solutions may only be available in selected countries. Some Digital Solutions may be available for free and others for-pay only, or for free but with supplementary services for-pay; we reserve the right to change the status of a Digital Solution at any time, but in no event will you be charged for any services without separate notice and information. Some Digital Solutions may require separate purchase of hardware or devices which enable the Digital Solution to function.
Acceptance of Terms
The Digital Solutions that DAB provides to you including any updates, enhancements, new features etc., are subject to the following TOU. DAB reserves the right to update the TOU at any time without notice to you. The current version of the TOU will always be available on our website. By accessing the Digital Solutions or using the website in any manner, you agree to be bound by these TOU.
If you are accessing the Digital Solutions on the basis of a separate contract with DAB (a “Contract”), the terms of the Contract will prevail over these TOU where terms may conflict. For information on how we process your personal data, please see our Privacy Policy. If you are sharing or collecting personal data of a third party, e.g. an employee, a co-worker or a customer, you confirm that you are allowed to do so, and furthermore you are responsible for forwarding our Privacy Policy to such third party where relevant.
Disclaimer
DAB provides the Digital Solutions as a service and, unless otherwise set out in the Contract, for information purposes only, in many cases for free. You should not act upon information provided through the Digital Solutions without seeking personal assistance from DAB. The Digital Solutions may be intended for professional audiences only, e.g. professional installers. While we have attempted to
maintain the information, the software and any other services in the Digital Solutions as accurate as possible, the Digital Solutions may contain errors or omissions for which we disclaim any and all liability. The material and contents of Digital Solutions is provided "as is", and without warranty of any kind.
Neither DAB nor any of its affiliates are responsible for any damage to or loss of hardware, software or files, caused by the use of the Digital Solutions or elements downloaded or used from/in the Digital Solutions. Hence DAB makes no warranty that the Digital Solutions or services provided in the Digital Solutions, either by DAB or on DAB’ behalf (including free software downloads), will meet your requirements or will be uninterrupted, timely, secure or without errors, or that the Digital Solutions or the servers used by DAB are free of viruses or bugs or are fully functional or accurate. DAB endeavours to maintain the Digital Solutions and their operation, but DAB is not and cannot be responsible for any defects that may exist in the Digital Solutions or the operation of the Digital Solutions. DAB may provide links to other websites or make third party applications available. Your use of such third-party web sites and/or applications is at your own risk.
Unless explicitly stated in a Contract, sales materials or other official documents by DAB, the Digital Solutions are not fault-tolerant and are not designed, manufactured or intended to control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, any military use in which the failure of the Digital Solution(s) could lead to death, personal injury, or severe physical or environmental damage. In no event shall DAB or any of its affiliates be liable for any incidental, consequential or punitive damages. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, the liability of DAB and its affiliates shall be limited or excluded to the extent permitted by applicable law, and in no event shall DAB or any of its affiliates’ total liability to you exceed the amount paid by you, if any, for using the Digital Solutions.
User Account and Use of the Digital Solutions
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DAB immediately of any unauthorized use of your account or any other breach of security. DAB will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
DAB may and will trust that anyone with access to your account has the proper authorisation to act on your behalf. You are entirely responsible for furnishing and maintaining any information or data to be provided by you to DAB for the purpose of the Digital Solutions, e.g. contact details, billing information, change of permission/role, etc., and for ensuring the correctness of such information. If you are providing information or data to DAB on behalf of or relating to a third party, or if you are using the Digital Solutions to modify, calibrate or otherwise affect equipment on behalf of or relating to a third party, you will only do so if duly authorized by the third party in question.
Unlawful or Prohibited Use
As a condition of your use of the Digital Solutions, you will not use the Digital Solutions for any purpose that is unlawful or prohibited by these TOU. You may not use the Digital Solutions in any manner that could damage, disable or overburden any DAB server, or the networks connected to any DAB server, or interfere with any other party's use of any Digital Solutions. You may not attempt to gain unauthorized access to any Digital Solutions, other accounts or to any DAB server, through
hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Digital Solutions.
You may not knowingly introduce viruses, trojans, worms or other material which is malicious or technologically harmful. You may not use the Digital Solutions in any way which may be considered or which includes content which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, constituting spam, or otherwise injurious to third parties or objectionable. You may not use the Digital Solutions for advertising or marketing purposes unless in accordance with a Contract.
Intellectual Property and Data
The Digital Solutions and each of the elements making them up, including in particular the graphic charter, data, software, texts, logos of the Digital Solutions, are protected by intellectual property law.
DAB grants you a limited, non-exclusive, non-transferable and revocable license to use the Digital Solutions as specified for each Digital Solution. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any of the Digital Solutions. DAB will not obtain ownership of any data which you provide to the Digital Solution. Based on the Contract (if any) and otherwise, based on these TOU, DAB obtains: (i) a non-exclusive, transferrable, worldwide, perpetual, irrevocable, royalty-free license to use your data to make available the Digital Solution; and (ii) a non-exclusive, transferable, worldwide, perpetual, irrevocable, unlimited, royalty-free license to use anonymized data for any purpose.
Such (non-personal) data may include equipment data related to pumps, boilers, heating systems, and other types of equipment directly or indirectly integrated with the Digital Solutions; equipment data includes e.g. product serial numbers, water flow and pressure, water and waste water discharge, power usage, temperature, other utilisation or sensor data, error reports, maintenance status, pending service visits, usage logs, etc. DAB owns all rights in or arising out of the Digital Solution(s) (including, intellectual property rights), and if any such rights are owned by you, then you will automatically assign them to DAB.
Any other use of the Digital Solutions or of one of their elements constitutes an infringement of rights unless previously and specifically in writing authorized by DAB.
Subject to the terms of any Contract and the terms of our Privacy Policy, DAB may – but is not obligated to – retain and use your data for a reasonable period of time to facilitate onboarding and quality of usability of the Digital Solutions, should you choose to re-subscribe to the Digital Solutions. DAB may decide at any time after the termination/expiry of the Contract or your termination of use of the Digital Solutions to delete the data and will do so if obligated by applicable law. Upon termination, you may ask DAB to provide you with a copy of data collected through the your use of the Digital Solutions. DAB shall strive to provide such copy but is not obligated to do so, unless mandated by applicable law. If DAB provides you with such copy, DAB may make such provision conditional upon e.g. further confidentiality obligations, payment of man-hours spent on gathering the data in question, etc.
SIM
This section applies when you receive or use a SIM card with a data connection directly or indirectly from DAB.
You may use the data connection only to receive the Digital Solutions described in the Contract. You shall not use the data connection contrary to customary use or in a manner that causes damage or other inconvenience to DAB or others. Examples of prohibited use are: (i) attempt to gain
unauthorised access to connected networks or computer resources in the network and IT infrastructure; (ii) destroying, distorting or making unauthorised use of the information in any networks or any it systems provided by the data supplier; (iii) using the data connection to send spam mails; (iv) undertaking network attaches or computing system attacks; (v) spreading computer viruses or harming internet information security; (vi) using the Digital Solutions in such a manner so as to impair the quality of the Digital Solutions or interfere with the supplier’s ability to provide the data connection or the use of the data connection by other customers and users. You shall not remove the SIM card from the equipment in which it was delivered by DAB. This does not prevent you from replacing the entire PCB board with a substitute PCB board from DAB. You shall destroy or return to DAB the PCB board (incl. SIM card) which has been replaced.
You shall inform DAB without undue delay if you believe or have reason to believe that an unauthorised third party uses or has been using your data connection.
Subject to applicable law, DAB may use the data connection to check if the SIM card is active, i.e. whether the equipment is online or offline, and to provide you with software updates if legally required to do so.
Export Control
You acknowledge that the Digital Solutions may be subject to export control and trade sanction regulation, including e.g. regulation of the European Union, the United Nations and the United States of America, and that the export, re-export, transfer, re-transfer, or transmission of the Digital Solutions (“export/re-export”) therefore may be restricted. You agree to comply with all applicable export control and trade sanction regulation in your use and disposal of the Digital Solutions, including e.g. by obtaining relevant export/import authorizations and not providing sanctioned persons and entities access to the Digital Solutions. The Digital Solutions may not be used for - or in relation to - nuclear or military/weapons purposes.
Indemnification
You shall indemnify, defend and hold DAB (including its affiliates) harmless from any liability, claim, loss and expenses, including reasonable attorneys' fees and expenses, relating to your violation of these TOU or your use or misuse of the Digital Solutions.
Legal disputes
These TOU and any dispute arising from the use of the Digital Solutions or the interpretation of the TOU are governed by the laws of Denmark, excluding its conflicts of law rules. The exclusive venue for any and all disputes arising from or in connection with these TOU shall be the Court of Padua.
If the laws applicable to these conditions might at a later date be interpreted or changed to the effect that one or several of the clauses become ineffective or invalid such shall not entail the invalidity of the conditions as a whole.
Miscellaneous
DAB reserves the right to modify, suspend or terminate the Digital Solutions at any time, without cause or notice. DAB also reserves the right to terminate access to and use of the Digital Solutions by you, your access administrator or any of your authorized users at any time, without cause or notice. Without limiting the generality of the foregoing, DAB may suspend or terminate your access to the Digital Solutions at any time if you violate any of the TOU.
If DAB does not enforce any particular provision, DAB is not waiving its right to do so later. If a court finds any of the terms non-applicable, invalid or unenforceable, the remaining terms will survive. DAB may assign this agreement in its sole discretion to any legal entity in the DAB Group.
SPECIFIC TERMS – Replace with DAB and DNA Selection Tool
Specifically for the Digital Solutions “Replace with DAB” and “DNA Selection Tool”, you agree that:
The purpose of these Digital Solutions is to suggest a possible replacement product/new product. You are responsible for providing the correct information for the Digital Solution to do the suggestion and you are made aware that any incorrect information can impact the result. The Digital Solution does not diminish or eliminate your obligations of making your own professional assessments and conclusions or, if you are not a professional, getting a professional evaluation as to whether an existing product can be replaced by the product suggested by the Digital Solution as DAB has no insight into the specific systems, e.g. boilers, and consequently as to whether the suggested replacement in the specific system is fit for purpose. The suggested product/replacement is merely a suggestion by DAB which is based on the product exclusively. You are responsible for evaluating the replacement/the new product and ensuring that the (replacement) product will work with the existing system, e.g. the boiler. You may be regarded as manufacturer of the system if the system is regarded new as a result of the replacement of the product, and consequently you may be subject to issue a declaration of conformity or similar under applicable laws. The product may only be replaced/installed by a professional installer. In addition, the following applies for “Replace with DAB”:
You may not modify or otherwise change the construction of an integrated system (e.g. a boiler, a solar heating system etc. which contains an integrated pump to be replaced) as part of the replacement process. You may not initiate or must abandon the replacement if the existing pump power cable in an integrated system is not long enough or if the power cable will be re-routed making the installation unsafe. You must verify that the right residual current circuit breaker (RCCB) is installed prior to replacement. To the extent you choose to access and use “Replace with DAB” and “DNA Selection Tool”, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to local laws.