The service, an optimization application for hot water heaters, (“The Service”), is provided by OSO Energy AS, org. no. 925 156 663, Industriveien 1, 3300 Hokksund ("OSO").
ABOUT THE SERVICE
The service is an optimization service for OSO hot water tanks with associated control unit (the "Product") to optimize hot water heating in relation to cost and other considerations. The service can be downloaded as an application (app) for mobile phones. More information about OSO and our products and services can be found at https://osoenergy.no/
The agreement only applies to your use of the Service. Terms for the purchase and use of the Products follow from your agreement with the seller of the Product.
USE OF THE SERVICE
You must be 18 years of age to access the Service. In order to use the Service, the Customer must identify himself in accordance with the applicable authentication requirements in the application. This can be SMS, e-mail and other supported solutions.
The service is an optimization service for the Product, and must be used to seek to optimize the Product's water and electricity consumption. The app gives you insight into the available amount of hot water, historical consumption and general information about the water heater. The app supports that a customer can have several water heaters and manage them in one interface. The service has functionality to optimize hot water heating in relation to cost and to ensure quality in terms of, for example, frequency, hot water availability and voltage. You can make certain configuration choices for the optimization. The app supports that you can receive notifications.
Optimum use and benefit from the Service requires that the Product is mounted, installed and placed in the manner and in the environment specified in the instructions for use for the Product. Furthermore, the control unit of the Product must not have been opened or otherwise damaged or affected.
You must use the Services in accordance with any instructions from OSO. You must not use the Service for purposes that are contrary to the Terms or the law, or for things other than the Products. You are responsible for all actions and activities when you use the Service, and neither OSO nor our subcontractors are responsible for unauthorized access to the Service as a result of your acting negligently.
You shall not copy, reproduce, sell, license, distribute, modify, decompile or otherwise make changes to the Service, or make the Service or parts of the Service available to others.
See the current user manual at www.osoenergy.no/brukermanual for a detailed description of the service and functions.
If you experience problems using the Service, you can contact OSO by e-mail: firstname.lastname@example.org or phone 32 25 00 00. OSO will respond as soon as we can, and usually within 1 working day.
Due to technical, maintenance or security reasons, OSO may take appropriate measures that may affect access to the Service. OSO will, as far as is practically possible, inform about any unavailability/restrictions on the Services. The information will be provided through the information channels OSO has access to, e.g. via the application or OSO's website, and in the manner and to the extent OSO deems appropriate.
RESTRICTED ACCESS TO THE SERVICE
The service may be interrupted by circumstances beyond OSO's or our subcontractors' control, which may affect the functionality and availability of the service. Neither OSO nor our subcontractors are able to control such conditions, and OSO cannot therefore guarantee continuous or uninterrupted access to the Service. However, OSO shall, to a reasonable extent, seek to remove factors that disrupt or risk disrupting the functionality and availability of the Service.
OSO reserves the right to terminate your access to the Service at any time if OSO suspects that you are in breach of the Terms, or otherwise act in a way that puts OSO, our subcontractors, other users or persons at risk of loss or damage. You are financially responsible towards OSO to the extent that follows from general tort law rules.
UPGRADED FEATURES AND NEW VERSIONS OF THE SERVICE
Upgraded functions and new versions of the Service will be implemented in the Service to the extent OSO deems appropriate. OSO reserves the right, without prior notice and at any time, to change or adjust the Service or the way the Service is delivered.
The service will be available for at least 5 years after installation.
The products to which the Service is connected may have a longer lifespan than the period in which the Service is delivered. The products will work for their purpose even without the Service.
The following data will be processed by OSO in order for OSO to be able to deliver the Service:
- Information about the serial number of your Product
- Information or data about you collected from the control unit connected to the Product, including location (map coordinates - for the installation) Measuring point ID, temperature, amount of hot water and current measurements for the Product;
- Information or data that you choose to enter into the Service; and
- Information or data created in the Service, such as statistics.
OSO may share information about you when you use the Service with other actors in order to improve the service/product, as well as to contribute to a more efficient use of the power grid.
LINKS TO OTHER WEBSITES
All rights, including intellectual property rights, to the Service and the Product belong to OSO and OSO's subcontractors. The rights include, but are not limited to, the operation, method, software and design of the Service. You do not acquire any intellectual property rights to the Service or any rights to the material arising from the use of the Service.
THIRD PARTY APPLICATIONS
In order to use parts of the Service, you may need access to certain third-party applications. You are responsible for installing and updating such third-party applications.
You must use the third-party application in accordance with the terms of that application. In the event of any claims against OSO or our subcontractors due to your use of the third-party application, you shall indemnify us.
Neither OSO nor our subcontractors are responsible for defects in, and do not guarantee the functionality of, any third-party application.
RESPONSIBILITY AND LIMITATION OF LIABILITY
Neither OSO nor our subcontractors are responsible for loss of profit, reimbursement to third parties or other indirect losses or consequential damages. The restriction does not apply in the event of gross negligence or intent.
OSO and our subcontractors are not responsible for failure to fulfill their obligations under the Terms, during the period and to the extent that OSO or our subcontractors are prevented by conditions beyond our control, including war, war-like conditions, labor conflicts, epidemics, pandemics, new or changed legislation, government measures, interruptions or failures in electricity or communication systems, fire, flood or other circumstances of similar importance.
CHANGES AND TERMINATION OF THE SERVICE
OSO may at any time make changes to or additions to these Terms and Conditions. You will be notified of any significant changes.
All changed terms will automatically come into force no later than fourteen (14) days after the change is published in the Service. By using the Service after fourteen (14) days, you shall be deemed to have accepted the new Terms.
You can stop using the Service at any time. Note that uninstalling the Service on your mobile or stopping use of the Service will not automatically result in your account in the Service being terminated. You must actively close your account in the app.
You accept that all communication from OSO or our subcontractors to you can be done electronically, either via the Service or on your e-mail.
The terms apply from the time you register a user profile when using the Service, and until you have closed your account in the app or until the Service is discontinued by OSO.
CHOICE OF LAW AND VENUE
The terms and conditions shall be interpreted in accordance with and complemented by Norwegian law. Any dispute arising as a result of or in connection with these Terms or in connection with a breach of, termination or invalidity of the Terms shall be resolved by negotiation.
If the negotiation does not progress, you as a consumer can contact the Norwegian Consumer Protection Authority for mediation, cf. _self">Complaint to the Consumer Protection Authority - Consumer Protection Authority.
If the parties agree on it, or you are a trader, the case can be brought directly to the ordinary courts.
If you are a consumer residing in another EU country, a complaint can be submitted to the European Commission's complaints portal: http://ec.europa. eu/odr
Last updated: 07.2022