User Agreement of BOIL by Vesta App

Welcome to BOIL by Vesta!

Before accepting the Agreement you are supposed to thoroughly read all contents of the Agreement, and fully know its terms. Once you Agree and complete the registration procedure, or use the service in any form, it will be deemed that you have read and agreed to the rules of the Agreement. In case of any breach of the Agreement, Vesta has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.

The User Agreement is signed by you and Vesta Solar Ltd. (hereinafter referred to as “Vesta”)

1. Definitions

Service - is digital service branded BOIL by Vesta, accessible via BOIL by Vesta app or online via https://my-boil.com, that allows remote access, control and monitoring of Vesta devices and the appliances they are connected to.

Service Provider - shall mean the developer and owner - Vesta Solar Ltd.

Service User - any person (irrespective individual or legal entity) who has registered an Account with BOIL by Vesta or uses BOIL by Vesta.

2. Account and Registration

The usage of the Service requires registering an account. For security reasons, the Vesta device(s) shall be registered with the BOIL by Vesta Service by adding it to a user account. One Vesta Solar Ltd. device is associated with only one user account.

The registration of account requires you to provide the following data:

• Email address
• Password
• Name
• Time zone

You are responsible for maintaining the confidentiality of your account credentials and ensuring that your account is not used by unauthorized individuals.

3. Scope of service

3.1 The Vesta app provides the following features:

• An intuitive dashboard for reliable control over your home or facility
• Monitoring and control of appliances connected to the Vesta devices
• Setting up custom schedules and operational modes of Vesta devices
• Email and push notifications
• Sharing access and control of Vesta devices

3.2 Users should be aware that the available functions of the Service depend on the type and model of the Vesta device. It is possible that certain features may be missing, replaced with others or new ones can be added. The Service Provider is free to update the Service and its features from time to time as well as disable certain features or to enable new ones.

3.3 The Service Provider uses reasonable care and skill to keep the Vesta devices operational and provides the Service User with the user experience that is normally expected for this type of service. However, the Vesta Service features and availability may change from time to time such as but not limited to:

• The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or necessary updates of the Service
• The Service Provider reserves the right to provide a replacement, modified and updated versions of the Service. After a new version is released, the Service Provider does not guarantee that older versions will continue to work.
• The Service Provider shall not be held accountable for any loss or damages occurred as a result of replacement, modification, and updated version of the Service.

3.4 Conditions for functioning of the Service:

• Properly installed Vesta Device as per the technical requirements in the user manual for the relevant Vesta Device
• Connecting the Vesta Device to an Internet network
• Downloading and installing the mobile version of the BOIL by Vesta app or accessing the web version via an internet browser
• Successful registration of a user account
• Successful adding of the Vesta Device to the User Account in the Service
• Stable internet connection, both on the Vesta device and the Terminal Device through which the Service is accessed
• Technical capabilities of the Terminal Device through which the Service is accessed (operational system Android/iOS, enough space for downloading, installation, functioning and update of the Service, appropriate settings, etc.)
• Usage of the latest available update of the Service and the Vesta Device
• Further requirements as might be available

4. User Conduct

4.1 Upon use of the Service User is obliged to comply with this User Agreement, as well as with all other conditions imposed by the local applicable laws and international law, even if not mentioned in this User Agreement. The Service Provider grants to the Service user limited, non-exclusive, revocable permission to make personal, non-commercial use of the BOIL by Vesta Service.

4.2 The Service Provider shall not be liable for any loss or damages that may occur for the Service user due to the provision of incorrect, incomplete or false data (for example inability to access the account, the use of the Service, to change profile settings, to receive customer support, etc.)

4.3 The Service User is solely responsible for the activity that occurs on the user’s account, and must keep his/her account password secure. The Service Provider shall not be held liable for any damages and/or loss caused by any unauthorized use of the account due to acts and omissions on the part of the user. The user must immediately notify the Service Provider in case of breach of security or unauthorized use of his/her Account.

4.4 The Service user agrees to use the BOIL by Vesta Service in a lawful and responsible manner. You shall not:

• Use the Service for any illegal or unauthorized purpose.
• Interfere with or disrupt the Service or its servers.
• Access the Service using unauthorized means or modify the Service in any unauthorized way.
• Violate the privacy or intellectual property rights of others.
• Collect or store personal data of other users without their consent.

5. User Generated Content

You may be able to submit content to the App, such as feedback or reviews. You retain all ownership rights to your content, but you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content in connection with the Service.

6. Privacy

6.1 We respect the privacy of our users. Our Privacy Policy outlines how we collect, use, and disclose information.

6.2 By using the app, you consent to the collection and use of your information as outlined in the Privacy Policy https://my-boil.com/auth/privacy-policy.

7. Disclaimer of Warranties

THE SERVICES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED AND ERROR-FREE.

8. Limitation of Liability

8.1 Vesta is not liable for any damages resulting from the use of the Service.

8.2 Unless otherwise specified in laws and regulation, Vesta will do its best to ensure the security, validity, accuracy and reliability of the licensed software and any information provided, but Vesta is unable to guarantee the same due to restriction by available technologies nowadays.

9. Modification of Terms

The Service Provider reserves the right to modify these User Agreement at any time. Users will be notified of any changes, and continued use of the app constitutes acceptance of the modified terms.

10. Termination

Vesta reserves the right to terminate or suspend access to the Service at any time for any reason without prior notice.

11. Governing Law

This User Agreement is governed by the laws of Cyprus.

12. Contact Information

If you have any questions or concerns about this User Agreement, please contact us at info@vestasolar.com