The Terms of Use establish the conditions under which users are offered access and use of services offered by SIMON. The Simon iO app is the interface through which the user accesses and uses the service, which is made up of the app and the other components (technological infrastructure and connected devices), hereinafter referred to as “the Solution”.
The Simon iO app, as well as the contents and services it includes, allow users to use the various options the Solution offers to automate their installation.
The owner of the Solution is SIMON, S.L. (hereinafter “SIMON”) with Tax ID number A-08078651, with registered office at Diputación 390- 392, 08013, Barcelona, recorded in the Barcelona Mercantile Register on Sheet 20,842, Folio 090, Book B-12955.
If you would like to contact SIMON, you may do so by phone at (+34) 902109100, or, if you prefer, via email at sat@simon.es.
Use of the Solution implies acceptance of these Terms of Use. If they do not agree with all or part of these Terms of Use, the users must refrain from installing and/or using the Simon iO app.
By accepting the present Terms of Use, the user states:
SIMON reserves the right to modify these Terms of Use at any time, therefore users must read the Terms of Use carefully as they may be modified and are applicable from the date indicated therein.
The current Terms of Use are available in the app.
To use the Solution, users must register as a SIMON user, accept the present Terms of Use and accept the Privacy and Cookies Policy.
Creating a SIMON user allows access to a variety of services developed by SIMON. In the SIMON user registration process, the user will select a user ID, which will be their email address, and a password, which is generated by the user during the registration process.
This data will be requested for access to the Simon iO app, for identification and authentication in the Solution.
The password chosen by the user will be personal and non-transferable. As such, the user agrees to make diligent use of the chosen password and keep it secret. In the event that the user knows of or suspects the loss, theft or use of their password by third parties, they must notify SIMON of the circumstances as soon as possible.
SIMON will not request, by any means, whether email or others, that the user disclose their SIMON password.
The processing of personal data provided by the user will be in accordance with the provisions of the Privacy and Cookies Policy.
The use of the Solution is completely voluntary and under the responsibility of the user.
The user is required to use the Solution in a diligent, legal, correct and lawful manner and, in particular, agrees to refrain from activities including but not limited to the following:
The user will be liable for damages of any type suffered by SIMON, directly or indirectly, as a result of non-compliance with any of the obligations arising from these Terms of Use or from the law related to the use of the Solution.
In addition to the commitment mentioned in the previous section regarding diligent, legal, correct and lawful use of the Solution, the user expressly agrees to:
SIMON reserves the right to interrupt access to the Solution at any time and without prior notice, whether for technical, security, control or maintenance reasons, power supply failures or any other founded cause.
Consequently, SIMON does not guarantee the reliability, availability or continuity of the Solution, so the user's use is at their own risk, and at no time may they claim liabilities for the discontinuity or lack of availability.
SIMON will not be liable in case there are interruptions, delays, errors or malfunctions of the Solution and, in general, other inconveniences originating from causes beyond SIMON's control, and/or due to a malicious or wrongful use by the user and/or which are caused by force majeure. In any case, regardless of the cause, SIMON will not assume any liability for direct or indirect damages, consequential damages and/or loss of profits.
SIMON excludes any liability for damage and harm of any nature that can be attributed to the lack of veracity, accuracy, completeness and/or currency or the content transmitted, disseminated, stored, provided or received, obtained or which have been accessed through the Solution and, in particular, of the consumption measurements provided or the installation status; or for content provided or offered by third party persons or entities. As much as possible, SIMON will attempt to update and correct the information that does not comply with the minimum guarantees of veracity. However, it shall be exonerated from liability for failure to update or rectify it, as well as for the contents and information contained therein.
SIMON excludes any liability for damages or harm of any kind that could be attributed to the presence of a virus or other harmful elements in the contents that could cause changes to the computer systems, as well as documents or systems stored therein.
SIMON will not assume responsibility for the contents, whatever they may be, that the user sends to SIMON by any means, as liability for anything arising from such content is attributable to the user.
SIMON is not liable for the user’s use of the Solution which may suppose a violation of any type of regulation, national or international, of intellectual or industrial property or any other type of third party right. Neither is it liable for any possible operating or security errors or for any consequences that may arise from the use of non-updated versions of operating systems, rooted (in the case of Android) or jailbroken (in the case of iOS) devices, inadequate configuration, the presence of computer viruses or any other cause beyond SIMON's control.
SIMON excludes any type of warranty and, as such, is free from any liability derived from the points expressed above, as well as other aspects that may not have been considered in this document.
All contents of the Solution, including but not limited to the texts, photographs, graphics, images, icons, technology, software, links, domains, brands and other audio-visual or sound content, as well as its graphic design and source codes, are the exclusive property of SIMON or third parties, whose rights are recognized by SIMON, and are subject to intellectual and industrial property rights protected by national and international legislation.
It is strictly prohibited to use any of the elements subject to industrial and intellectual property laws for any purpose, particularly commercial, as well as their distribution, public communication, modification, alteration, transformation or decompilation, unless expressly authorized in writing by the rights holder.
The processing of any type of personal data that the user provides or which is generated by using the Solution, as well as, where appropriate, the use of cookies, shall be realized in accordance with the Privacy and Cookies Policy.
The user must read and accept this Privacy and Cookies Policy before providing their personal data to SIMON and before accessing the Solution.
These Terms of Use will be governed and interpreted in accordance with Spanish law. Any dispute shall be submitted to the Courts and Tribunals of Barcelona, or to the Courts and Tribunals indicated by the applicable current regulations.
Users who access the Solution from other countries should ensure that it respects their local applicable legislation.