This document stipulates terms and conditions of services provided electronically by the Administrator constituting the Service and Application.
(a) Administrator – AMPIO sp. z o.o. with its registered office at Chopin Str. 35/1, 71-899 Szczecin, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Szczecin-Center in Szczecin, 13th Commercial Department of the National Register Courthouse under the number KRS 0000639215, NIP 8513199749, REGON: 365517157, holding share capital of 5 100,00 PLN, e-mail address: firstname.lastname@example.org (hereinafter the “Ampio”, “we”, “us”, “our");
(b) Application – mobile software “AMPIO UNI”, available for downloading from Google Play and App Store, and as a web application, which allows you to use your Smart Home devices (Ampio products);
(c) Ampio Cloud – a solution that facilitates using Ampio functionalities solely via Ampio servers (cloud). The solution enables remote access to the Application without the need to connect to a local (house) WIFI network of the user and without involvement of any third parties;
(d) Knowledge base – a website https://help.ampio.com managed by the Administrator, where Users can find tips, technical information about Ampio Smart Home building automation products, guides, sample configurations, connection diagrams of devices, and can also modify the scope of services provided on the basis of the Ts&Cs.
(e) Installer – a person from outside of Ampio (an external entity), who has access to Ampio Cloud installer tools and resources made available only to Installers.
(f) User account – a file in the Administrator’s electronic system with its unique name and password that stores the User’s data;
(g) Newsletter – service provided electronically by the Administrator, which allows interested Users to automatically receive via e-mail the most important information related to the Website and Application;
(i) Terms and conditions (Ts&Cs) – these terms and conditions; a User can easily get acquainted with the Ts&Cs after downloading the Application from Apple App Store or Google Play, or on the website https://help.ampio.com in the “Legal documents” section;
(j) Website – different websites under the ampio.com domain name managed by the Administrator.
(k) Contract – a contract for the provision of electronic services between the Administrator and a User, of which these Ts&Cs form an integral part.
(l) User – a natural person who uses electronic services provided by the Administrator;
(m) Associated user – a natural person who was granted access to building automation devices from a User, who has a User Account linked to building automation devices with owner or co-owner permissions.
The Administrator renders services, making the Application and Website available, as well as other services within the Application and Website Administrator, on the territory of the Republic of Poland, taking into account the cross-border nature of the Internet.
The Administrator provides the User with services that include the following functionalities:
(a) allowing Users to control and monitor their household devices remotely with the use of mobile devices (smartphone, tablet). In order to achieve this, the household devices (hereinafter referred to as: “building automation devices”) connect directly (in the case of smart devices) or indirectly (with the use of a controller/module) with the Ampio Cloud. The services include specifically:
(b) Application interface (appearance) customisation;
(c) Newsletter distribution
A detailed scope of services rendered to the User, including limitations and expansions on the provisions of these Ts&Cs, may be announced in the Knowledge Base at any time, of which the Users will be notified by the Administrator.
In order for the User to be eligible to use the services described in point 1 above, the User must have an active User Account. The User has a chance to get acquainted with the service Ts&Cs before opening a User Account (registration).
In order for the User to use the services described above in pt. 1, the User must:
(a) be granted access to building automation devices through an Ampio Installer;
(b) have an active connection between the User Account and a building automation device via the Ampio Cloud.
The User Account allows one to create, manage and disable connections between User Accounts and building automation devices.
A User can manage the connections between building automation devices and a User Account via the Client Portal available via the web browser.
A User that has User Accounts linked to building automation devices with owner and co-owner permissions may add associated Users.
Within one User Account, a maximum of 10 connections with building automation devices may be created via the Ampio Cloud. The previously-mentioned limit is set regardless of the number of associated Users set.
Downloading and using the Application is free.
The Administrator renders a service via the Website the allows one to contact the Administrator via an electronic contact form. In order to do that, the User should enter his/her contact details, compose a message and send it, following the instruction provided by the Administrator.
The Administrator renders Newsletter services via the Application and/or Website. Using the Newsletter service requires providing an e-mail address by the User and granting consent to receiving the Newsletter by ticking the right checkbox.
The Administrator decides when and what gets distributed in the Newsletter.
Resignation from receiving the Newsletter is possible at any time by clicking on the deactivation link in any e-mail with the Newsletter.
Creation of a User Account may be done by:
(a) using authentication services: Sign in with Apple (Apple), Google Sign-in (Google) and Facebook Login (Facebook);
(b) providing an e-mail address and setting up a unique password;
A contract for the supply of electronically provided services between the User and the Administrator is terminated with the deletion of a User Account in Ampio Cloud.
Providing services to the User by the Administrator is done in accordance with these Ts&Cs and the provisions of the Polish law.
A User who removes the Application from his/her device loses only access to its functionalities and data associated with his/her User Account until reinstallation of the Application on his/her device and correct sign-in.
At the User’s explicit request submitted to email@example.com, the Administrator may deactivate the User Account (i.e. disable the User’s login data in the Application). Reactivating the User Account requires contacting the Administrator via the above-mentioned e-mail address.
A User who violates the Terms and Conditions may be requested by the Administrator to cease such violations. In the case when the request proves ineffective and the User continues to breach the provisions of the Ts&Cs, the Administrator reserves the right to deactivate the User Account, which is tantamount to immediate termination of the contract for the supply of electronically provided services. The provisions of clauses 3 to 7 above shall be applied accordingly.
If the Administrator deleted or deactivated the User Account for the reasons specified in clause 6, setting up a new account by that same User, or reactivating the old account requires the User to send a request to firstname.lastname@example.org and the Administrator to approve the request.
In the case when a User who is a Consumer (hereinafter: “Consumer") lodges a complaint about the quality of services offered by Ampio, and Ampio does not accept the claim, the User has a possibility of having recourse to an out-of-court complaint and redress mechanisms.
Out-of-court complaint and redress mechanisms include, among others:
(a) proceedings before the Permanent Consumer Arbitration Court at the Trade Inspection;
(b) request for the opening of mediation proceedings to the Voivodship inspector of the Trade Inspection;
(c) intervention of a county (city) Consumer Ombudsman, or an institution, whose statutory areas of responsibilities include the protection of consumer rights (e.g. the Polish Consumer Federation, the Association of Polish Consumers);
(d) online dispute resolution by ODR entities. The European Committee also makes an ODR platform available for the resolution of disputes between consumers and enterprises. It is available on: https://ec.europa.eu/consumers/odr/.
Detailed information regarding the resolution of consumer disputes, including the possibility of the Consumer using out-of-court complaint and redress mechanisms, as well as the rules of such procedures are available in the head offices or on the websites of Voivodship Inspectorates of Trade Inspection, and on: https://www.uokik.gov.pl/consumer_protection_in_poland.php.
For the resolution of any disputes between Ampio and a Consumer, the governing law shall be the Polish law, and the competent court shall be the common court with jurisdiction in the place of Ampio’s registered address.
Provisions of these Terms and Conditions regarding consumer rights shall apply accordingly to sole proprietors and those who enter into a contract not directly related to their commercial activities, when the content of the contract stipulates that it is not of professional nature, in particular, arising from the subject of performed economic activity registered on the basis of provisions on the Central Register and Information on Economic Activity.
Ampio stipulates that it is not permissible for the Consumer to act as a natural person entering into a legal transaction with Ampio directly related to his/her economic activity or work, and to act as a natural person entering into a legal transaction with Ampio not directly related to his/her economic activity or work, hence exercising the consumer rights, within one contract. It is only possible to make separate purchases, one of professional nature, and another in personal capacity.