FUSION User Agreement

1. Information about FUSION

FUSION and the related functionalities (hereinafter jointly referred to as the “Services” or “Software”) are operated by the producer, RATMON sp. z o.o., taxpayer’s Identification Number NIP 6793226741 (hereinafter referred to as the “Producer” or by the pronouns “we”, “us”, and “our”).

2. Purpose of the Agreement

This Agreement defines the rights and obligations that result from the installation and use of the Services and Software by the User. Before starting to use the Services, please read the provisions carefully, in particular the clauses on the exclusion and limitation of liability that have been printed in bold to attract the readers’ special attention. If you do not accept the terms and conditions of the Agreement, you cannot have access to or use the Services.

3. Legal capacity

If you are the owner of the hardware, you must reach the age of legal adult for the jurisdiction of your residence in order to enter into this Agreement. Additionally, to register your account in the Services, you must meet the requirements concerning your identity or qualification. If you are the administrator of software and services, you confirm that the person who registers the account and uses the Services in your name is an employee or a person duly authorised by you. You are liable for the actions taken by the employee/the person at the moment when the employee/the person registers an account in your name and starts using the Services.

4. Obtaining access to the Services

We hereby grant you a limited, non-exclusive, non-assignable, non-sub-licensable and revocable licence to access and use the Services in accordance with this Agreement. In order to obtain access to and use the Services, you must have an account in the FUSION system.

5. Information about the Services

The Services include a mobile application and online application that are made available to the User of the devices manufactured by the Producer. The software allows the User to access services related to operating the Producer’s devices, such as remote set-up, reading and recording data, collecting and presenting data.

5.1 Information about the Services

5.1.1 Registration of the Account

Corporate account:
The corporate account involves the administration of the rights of a user group within the organisation. If you are an administrator of the Users (Corporate account), you must enter the name of the company, country/region, user name and contact data (e-mail address or telephone number) and create a password when registering an account. The administrator account enables creating user accounts with the access to the data of the given organisation. The User has access to the corporate account resources after logging in with the use of data received from the Administrator.

Individual account:
If the User is a natural person (Individual account), they should enter the e-mail address and create a password. Then activate the account in the e-mail message sent to the entered e-mail address.

5.1.2 Managing the account

  1. The account is designated for your use only. Please store your password appropriately and do not disclose it to any other persons in any way whatsoever. Otherwise, you will incur all losses, if all data and information generated by the Services are deleted, lost, or illegally used or if any exceptions occur related to the device. Moreover, you will be liable for any related damages.
  2. You acknowledge and agree to use and manage your account and sub-accounts or user accounts in a manner that is secure and compliant with the law. You shall bear all the risk and responsibility related to improper management of the account (e.g. for any leaks of the account, improper use of the account, and incorrect operation of the device).
  3. You shall notify us immediately about any unauthorised use or abuse of the account or about any other extraordinary events related to the account.
  4. You hereby guarantee that the important information provided during registration do not contain any information that is improper or illegal, that you do not register the account in the Services by impersonating other persons, in a way that might mislead other Users or using an account name that violates the personal or material rights of other persons (including in circumstances in which you are in violation of other persons’ rights to trademarks and the right to reputation). Otherwise, we may reject your registration application or discontinue providing Services to you and recover your account, and you shall be liable for any related losses.
  5. We may require the Users to authenticate the registered account with the use of their actual first name and surname in compliance with binding legal regulations. If the authentication fails, the contact data are incorrect or the User refuses to perform the authentication, we may suspend the Services in whole or in part and recover the account.

5.1.3 Deleting the account

You may delete your account by logging in to FUSION via your web browser and selecting the Delete Account option. If you delete your account, all information entered in the registration process will be deleted permanently, in compliance with our Privacy Policy and you shall no longer be able to log in or to use the Services.

5.2 Basic content of the Services

5.2.1 The scope of the Services made available and their duration depends on:

The commercial terms and conditions between the Producer or the Distributor and the User result from separate commercial agreements and from the current offer that is available at the Distributor or the Producer.

5.2.2 If you own a device manufactured by the Producer or a User within an organisation (Corporate account), you may:

We shall not bear any liability for any disputes or losses caused by the improper operation and setup of your devices and the data recorded in the user’s account.

6. Third-party services

We do not collect or store any data about the user’s location without a conscious action by the User.

Location services are provided by Google. Location data are used only to define your location at the moment of recording data from the device or of indicating the installation of a device. You hereby acknowledge and agree that our use of third-party location services is fully compliant with the methods and terms of use that were published by the third-party service provider. We cannot and shall not be responsible for the accuracy and precision of third-party location services and for the accessibility of and non-violation of rights by the third-party location services.

7. Licensing end-user software and limitations on use

7.1 The User is hereby granted a limited and non-exclusive licence to access and use this Software as defined on your device or computer subject to compliance with the terms and conditions of this Agreement.

7.2 Restrictions on the use of the Software

  1. You must not use the Software, our technology or intellectual property to create software, or copy and disseminate the Software or create derivative versions of the Software without our prior written consent.
  2. You may make a copy of this Software on the hard drive of your computer or on another memory carrier for archiving purposes.
  3. You shall not sell, lease, rent, lend or distribute the Software in whole or in part or grant sub-licences for this Software to any other entities without our prior written consent.
  4. With the exception of cases when it is explicitly permitted, you shall not and you shall not allow other persons to recreate the source code of the Software, decompile or decompose the Software or attempt to obtain the source code of the Software in any other way. Moreover, you shall not and will not allow other persons to attempt to decompile or modify the Software or any services provided by the Software.

8. Guidelines for use

8.1 Responsibility of the User

By using the Software and the Services, you fully confirm that you are familiar with the terms of their use and that they will be used in accordance with their intended purpose.

8.2 Forbidden actions

By using and accessing the Services you agree and undertake to act in an ethical manner, in compliance with binding laws and the provisions of this Agreement. Unless this Agreement expressly states differently, or unless binding laws grant the relevant permissions, you hereby confirm and undertake that you shall not:

  1. Remove any copyrights, trademarks or information about ownership from any elements of the Services or transfer them as your own of being owned by another person;
  2. reproduce, introduce any amendments or modifications to the Services in whole or in part, as well as allow others to combine or embed the Services or part thereof into other software;
  3. obtain or attempt to obtain unauthorised access to the Services, the related systems or interfere with their operation;
  4. decompose, decompile or reproduce the Services in whole or in part, create derivative works based on the whole Services or parts thereof, or attempt to take such actions beyond the extent that is permitted by binding laws.
  5. distribute, license, lease, sell, resell, assign, perform in public, transmit, broadcast by streaming, emit or use the Services in any other way;
  6. make the Services, in whole or in part (including source code and object code) available to any persons and in any form without obtaining our prior written consent;
  7. impersonate any other persons, certify untruthfully or otherwise misrepresent your affiliation with any natural or legal person;
  8. use the Services (or any parts thereof) in a manner prohibited by the law or for a purpose non-compliant with the law, in a manner non-compliant with this Agreement, as an act of fraud, or intentionally to the detriment of others, including but not limited to hacking or inserting malicious code, including viruses or harmful data into the Services (or websites that link to the Services) or any operating systems;
  9. violate our intellectual property rights or the rights of other persons in connection with the access to or use of the Services;
  10. collect information about the users or obtain access to the Services or to our systems in another way, with the use of a large number of automated means (including bots, indexing bots, scripts, or similar data collection and extraction methods) or attempt to decode any transmissions from or to the servers where the Services are maintained;
  11. create, operate or use software, devices, bots or other means and processes (including programs that collect information about websites, plug-ins and additions of the web browser, any other technologies or manual means) to acquire data from the Services or to copy the profiles and other data from the Services in any other way;
  12. use the Services for commercial purposes without our prior written consent;
  13. use the Services for illegal trade, in particular for the sale of weapons, drugs or illegal substances, pirated software, or other prohibited goods;
  14. obtain the log-in or access data of the accounts of other users;
  15. take part in money laundering, transferring illegal advance payments or operate as a pyramid scheme;
  16. attempt, facilitate or encourage others to violate the provisions of this Agreement in whole or in part;
  17. use the Services in a manner that might damage, disable, overload, disrupt or impair the Services or interfere with the operation of our systems, with other users or others' computer systems, hack or gain unauthorised access to the Services.

9. Our content

9.1 We and our licensors retain all rights, the right of ownership of information (in any form, including text, graphics, video, and audio format), images, icons, applications, designs, software, scripts, programs, copyrights, trademarks, trade names, logotypes and other materials and services that are available in or through the Services, including the appearance and functionality (hereinafter: “Our content”). You hereby acknowledge that Our content is protected by copyrights, trademark, the rights to databases and other intellectual and industrial property rights pursuant to national laws and international treaties. Using the Services and/or obtaining access to the Services shall not constitute the transfer of any ownership rights or any other rights to the Services or their content to you or to any other persons, unless the Agreement states differently.

9.2 The User shall not modify, copy, or extract Our content, add anything to it, or in any way whatsoever sell, copy, distribute or license Our content or use it in a manner non-compliant with its intended purpose. Unless this Agreement states differently, if you wish to republish, extract, reproduce, distribute or use any of Our content in any other way, you must contact us and obtain our prior written consent. This does not pose a limitation to any of your rights that may result from the provisions of existing legal regulations.

9.3 If you believe that the Services or any part thereof infringe on any copyrights, trademarks, patents, trade secrets or any other intellectual property rights or if you have any other concerns related to the Services, you should contact us using one of the contact methods provided in the item “Contacting us”.

10. Your content

We do not assert any rights to the texts, files, images, photos or other materials that are sent, published or in any other way transmitted through the Services (hereinafter: “Your content). You retain the ownership right to Your content and shall be fully responsible for it.

11. Privacy and data collection

12.1 In order to improve the services provided to you when you are using the Software on your device, we will collect and process your personal data and data of the Devices in compliance with this Agreement and our Privacy Guidelines.

12.2 The Producer shall not bear responsibility for the deletion of data or failure to save data by fault on your part.

12.3 If you discontinue using the Services or the Services are withdrawn, the Producer reserves the right to irreversibly delete your data from our servers. The Producer is not obliged to return any data to you, unless the binding legal regulations or our Privacy Guidelines state otherwise.

12.4 When authorising the Administrator of your organisation (Corporate account) to manage your devices/data in the FUSION system, you have the right to demand the administrator to protect your data in compliance with binding laws and regulations. If the administrator collects your data separately for the purposes of the administration or configuration of your devices, you may demand the administrator to process your personal data in compliance with the relevant regulations on the protection of personal data. Any disputes concerning the protection of your personal data shall be settled by means of negotiations between you and the administrator.

13. Reservations

13.1 The services are designated for you only and they shall not be used by any other persons. You accept that we are not responsible for any losses caused by unauthorised use of the Services.

13.2 Using the Services may be subject to delays, interference, or disruption for an indefinite period due to reasons beyond our control. We shall not be liable for any claims resulting from such interruptions, interference or similar failures or from reasons related thereto.

13.3 To the extent to which it is permitted by the law in your jurisdiction, providers shall not be liable to you or to any other persons for any losses, damages, or compensation in the event if you are unable to use or access the Services as a result of:

  1. any suspension or discontinuation of the provision of services for the purposes of conducting maintenance works or updates of the system, software or hardware
  2. any remote access by us in compliance with item 13.9 below;
  3. any delays in communication or breakdowns of the telecommunication network or system that is owned or controlled by any entities other than us;
  4. any errors or disruptions that result from a hackers’ attack or a similar violation of security; or
  5. any other reasons beyond our control.

13.4. The Services are provided as is and subject to current availability, without any guarantees or confirmations of any kind. To the extent to which it is permitted by law in your jurisdiction, we hereby exclude any explicit or implicit guarantees, conditions or arrangements and we do not provide any guarantee or warranty, do not make any obligations or representations concerning:

  1. The completeness, accuracy, reliability or validity of any content available in or through the Services;
  2. that the Services or the servers on which they are provided are free from defects, errors, bugs, mistakes, and other harmful content;
  3. that any defects in the operation or functionalities of the Services will be removed;
  4. concerning specific functions of the Services, the reliability, quality or accuracy of any information obtained by you by using or accessing the Services;
  5. concerning the security or faultlessness of the Services;
  6. concerning the reliability, quality, accuracy and availability of the Services, their ability to satisfy your needs or to achieve specific results or objectives with the use of the Services.

13.5 We shall not be liable for any losses or damages that result in whole or in part from relying on, using or interpreting the Services or other information obtained by means of accessing the Services and/or using them by you or by any other persons.

13.6 If we are unable to continue providing the Services to you due to statutory, implementation or local legal regulations, changes to our activity or due to any other reasons, this Agreement shall terminate on the day of discontinuation of the Services and we shall not be liable for the violation of the Agreement.

13.7 You hereby acknowledge and accept that in certain circumstances (including, among others: hardware failure, addressing or repairing potential security loopholes or emergency actions) we may process the updating of security or update the firmware of your device automatically to help you avoid, reduce or mitigate the property losses caused by the damage or failure or to help you reduce the cybersecurity risk. We will inform you through the Services about the nature of the update before installing it, and the system will automatically adjust all settings of your devices, including updates, after you have confirmed that you accept the update. If you fail to accept such update in a specific period, we will not update your device and, appropriately, we will not be in any way responsible for any damages caused by the damage or failure of the device.

13.8 You acknowledge and accept that after receiving your confirmation we will periodically update your firmware in order to improve the comfort of use or help your devices operate in a stable and secure way. We will inform you through the Services about the nature of the update before installing it. You or your administrator shall proactively update the connected devices or systems in prescribed periods, based on the notification about system update. If you do not express your consent for the recommended updates in the prescribed period, we will not install any updates on your device and, respectively, we will not be liable for any consequences thereof, such as unavailability of the Services or instability of the device and we shall no longer be responsible for the compliance of the functions to which the relevant updates are related to maintain such compliance.

13.9 In order to install the updates mentioned in the items 13.7 and 13.8 hereinabove, or to solve the improper operating conditions of the devices, we may access your devices remotely, upon your consent and with your assistance

13.10 You acknowledge that your refusal to accept the updates introduced pursuant to items 13.7 – 13.9 hereinabove may result in the loss of certain rights that would otherwise be granted to you pursuant to the relevant regulations.

14. Limitation of liability

14.1 To the extent to which it is permitted by law in your jurisdiction, you access and use the Services at your own risk, provided that our liability for any losses or damages suffered by you or by any other persons, under the contract, in tort (including negligence) or on any other legal basis, listed below, is excluded. These damages and losses include:

  1. the loss of profit, income, data, or goodwill;
  2. special, indirect, or resultant damages;
  3. the costs of purchasing alternative services;
  4. intentional, incidental, and special damages, insurance, retributive damages, indirect or consequential damages.

The limitations and exclusions of liability provided herein shall be applicable regardless of whether we have been notified or should be aware that such damages might occur.

14.2. If you are at any moment dissatisfied with any aspect of the Services, the only remedy to which you are entitled is the possibility to discontinue accessing or using the Services. You acknowledge and confirm that the exclusions and limitations of liability contained herein are equitable and fair. However, national laws in certain jurisdictions do not permit some or all of the limitations of exclusions of liability described above. If such laws apply, some or all of the above exclusions and limitations of liability may not apply to you and you may be granted certain other rights. None of the provisions of this Agreement shall affect your statutory consumer’s rights that cannot be revoked or modified by entering into an agreement.

15. Termination of Services

15.1 Termination by you

You may delete your account in the account settings or discontinue using the Services. After closing your account, the Producer will immediately and irreversibly delete all data, files, and any other content stored in the account. However, due to certain legal and technical conditions, the Producer may not be able to delete the backup copies of these data immediately.

15.2 Termination or suspension of services

Subject to binding legal regulations, we may suspend, cancel, restrict or limit your access to part or whole of the Services at any moment, temporarily or permanently, without bearing responsibility to any natural persons or third parties. We will try to notify you about this in advance. However, we may not notify you in advance. Moreover, we may limit, cancel, suspend or restrict your access to some or all Services with immediate effect in the following circumstances:

  1. if you violate or we believe that you are intending to violate this Agreement;
  2. if you or any persons acting on your behalf commit fraud, engage in illegal actions or provide us with any false or misleading information;
  3. on request of law enforcement authorities or any other competent authorities in an ongoing proceedings;
  4. if it is necessary to perform urgent maintenance works or emergency updates of the systems or hardware; or
  5. due to unexpected technical problems, due to security reasons or business-related reasons.

The termination or suspension of the Agreement shall not affect these provisions of the Agreement that state explicitly that they shall survive the termination or expiration of the Agreement and shall not violate the acquired rights or obligations or any rights and obligations that, by their nature, should survive the termination or expiration of the Agreement. All provisions of this Agreement that, by virtue of their content or nature, should survive the termination of the Agreement shall remain fully binding after and regardless of such termination, until the relevant conditions are fulfilled or until they expire due to their nature.

16. Modifications to this Agreement

In order to constantly improve the user experience and our services, we may periodically update or modify our Services (including software modifications, updates, functionality upgrades, developing new services, and replacing old software). Due to that we may periodically modify and publish this Agreement. We shall notify you duly in advance about any modifications to the Services or to the Agreement that may be significantly disadvantageous for the Users or that may significantly limit the access to the Services or the possibility to use them. Notifications include, among others, system notifications and system newsletters. We may not notify you in advance about the modifications to the Agreement or changes to the Services that are not significantly disadvantageous for the Users or that do not significantly limit the access to the Services or the possibility to use them. In the event of introducing changes to the Services that result from legal, normative, statutory requirements or security or safety requirements, it may be impossible to keep the prescribed periods. In such event, we shall notify you about the changes as fast, as reasonably possible.

17. General Provisions

18. Applicable law and settlement of disputes

18.1 The conclusion of this Agreement, its validity, interpretation, execution, and the settlement of any disputes arising herefrom shall be governed by Polish law.

19. Contact us

If you have any questions concerning this Agreement, please contact us at: RATMON, ratmon@ratmon.com , 31-574 Kraków, ul. Ciepłownicza 19