Terms & Conditions

GENERAL TERMS OF USE (“Terms”)

Airpatrol OÜ

 

1 - INTRODUCTION

1.1               Airpatrol OÜ, reg. no. 12251902,  Pärnu mnt 148, 11317 Estonia, (“ AirPatrol ”) provides the service AirPatrol, a system that enables control of heat pumps and air conditioning, including, where applicable, associated Equipment (which is defined in Section 5.1 below). These Terms apply to AirPatrol service and associated Equipment (collectively “ the Service ”). By activating a user account with AirPatrol (“ Account ”) and accepting the Terms, the service user (“ User ”) and AirPatrol enter into an agreement (“ Agreement ”) that entitles the User to use the Service(s) specified in the order confirmation in accordance with these Terms and Conditions and the order confirmation. The order confirmation for the Service constitutes an integral part of the Agreement. AirPatrol and the User are referred to individually as “ Party ” and jointly as “ the Parties ”.

1.2               By confirming that the User has read and accepted the Terms, the User accepts that his/her rights and obligations with respect to the Service are governed by the Terms and undertakes to comply with them. By accepting the Terms, the User confirms that the User is authorized to enter into the Agreement and that the User represents himself/herself and does not represent anyone else in the contractual relationship.

1.3               These Terms only apply in cases where the User enters into an agreement directly with AirPatrol. For Users who enter into an agreement regarding the Service with a reseller, the terms and conditions set out in the agreement with the reseller apply instead.

 

2 - The service

2.1               Through the Service, the User receives a tool to, among other things, control their heat and/or energy consumption, in accordance with what is stated in the order confirmation and these Terms.

2.2               The User accesses the Service and Account via a mobile application, website, or other internet-based platform (the “ App ”).

2.3               AirPatrol strives to provide the Service 24 hours a day, seven days a week. However, AirPatrol does not guarantee that the Service will be free from errors or interruptions during this time.

2.4               From time to time, AirPatrol performs maintenance and upgrades to the Service, which may result in interruptions or errors in it. AirPatrol strives to always inform about planned maintenance in advance, but cannot guarantee that notification of this will always be provided. In addition, the Service may contain errors and “bugs” that may lead to interruptions and errors. The User agrees that AirPatrol may contact the User to collect the information necessary to identify and fix errors in the Service.

2.5               AirPatrol reserves the right to make changes to the functionality and/or packaging of the Service. AirPatrol will notify any such changes in writing within a reasonable time, but no later than 30 days before the change takes effect. If the User does not wish to accept the change, the User has the right, without additional cost and no later than the date on which the change takes effect, to terminate the Agreement with effect from the end of the period for which the User has paid for the Service. Termination pursuant to this Section does not entitle the User to a refund of fees already paid for the Service. AirPatrol reserves the right to implement such changes with immediate effect if required for security reasons or to comply with laws, regulations, or rules.

2.6               The functionality of the Service and the User's access to the Service are dependent on third party services (such as internet service providers). AirPatrol is not responsible for such services or providers or for the payment of any fees to such providers.

 

3 - Conditions for using the service

3.1               To use the Service, the User must create an Account. When registering the Account, the User is obliged to provide correct and complete information. During the contract period, the User is also obliged to update the information if it changes. If any information is incorrect or incomplete, AirPatrol has the right to terminate the Account and suspend the User's access to the Service.

3.2               The technical requirements that AirPatrol places on the User's heating system and other equipment are stated in the App or on AirPatrol's website (the " Website "). In the event of changes in technical requirements, these will be communicated to the User in accordance with Section 15.1.

3.3               The functionality of the Service requires that the User provides the Equipment and any other hardware with continuous access to the internet.

 

4 - Support and maintenance

4.1               AirPatrol normally provides support for the Service (including Equipment) through the channels and during the times specified from time to time on the Website. However, AirPatrol does not provide support for other equipment or services.

4.2               Support relating to errors in the Service is provided free of charge by AirPatrol to the User. However, AirPatrol is entitled to charge reasonable compensation in accordance with AirPatrol's price list in force at any time for support (i) that is caused by the User's own equipment not meeting the requirements set out in the Agreement, and/or (ii) to the extent that support is caused by the User's failure to cooperate with AirPatrol to a reasonable extent in accordance with what is set out in the Terms or elsewhere.

4.3               The User shall, if necessary, grant AirPatrol, or the person designated by AirPatrol, access to the residence/premises for troubleshooting, maintenance, assembly, or disassembly of the Service and/or Equipment. The User and AirPatrol shall agree on a time for such interventions. The User shall provide assistance in connection with such interventions and, if requested by AirPatrol, be physically present during such interventions.

 

5 - Equipment

5.1               The functionality of the Service requires the use of and connection to specific hardware (“ Equipment ”) that is provided to the User through rental. The Equipment is the property of AirPatrol and AirPatrol reserves ownership of the Equipment.

5.2               The User undertakes with regard to the Equipment to:

(a)        take good care of and not tamper with or manipulate the Equipment;

(b)        not sell, rent, lend, pledge, or otherwise transfer or unlawfully dispose of the Equipment, or take any other action that jeopardizes AirPatrol's rights to the Equipment;

(c)        be responsible for ensuring that the Equipment is not damaged by destructive impulses via connected electricity or signal cables (e.g. as a result of lightning strikes);

(d)        not incorporate any other object in the Equipment in such a way that AirPatrol's rights to the Equipment are compromised or cannot be asserted against third parties; and

(e)        store the Equipment in a secure manner to prevent unauthorized access.

5.3               Defective Equipment will be replaced or repaired at no cost to the User provided that the fault has not been caused by the User or by anyone for whom the User is responsible. For replacement or repair in cases where the fault has been caused by the User or by anyone for whom the User is responsible, or in the event of replacement of Equipment if it has been lost or stolen, the User shall reimburse AirPatrol for the costs of repair, replacement, and/or replacement of Equipment, according to AirPatrol's price list in force at any time. Stolen Equipment must be reported to the police and a copy of the report shall be sent to AirPatrol.

5.4               If the Agreement is terminated, the User shall return the Equipment to the recipient notified by AirPatrol within thirty (30) days of the termination of the Agreement. Any costs for the return shall be paid by the User. If the Equipment is not returned within this period, AirPatrol shall have the right to apply for assistance or other similar measures at the User's expense to recover the Equipment or to charge the User the cost of the Equipment according to AirPatrol's price list in force at any time. Unreturned, damaged, or stolen Equipment shall be replaced by the User according to AirPatrol's price list in force at any time.

5.5               The provisions of this Section 5 only apply to Equipment that forms part of the Service and is provided to the User within the framework of a subscription taken out with AirPatrol. Components, equipment, accessories, and other hardware that the User has purchased separately, or already owns, are not covered by this Section 5.

 

6 - Fees and payment

6.1               Information about the fees applicable for the Service at any given time is stated on the Website.

6.2               Ongoing fees for the Service are paid in advance at the frequency specified in the order confirmation. The fees are paid by card or other selected payment method. Where applicable, the User is responsible for specifying the correct reference number or similar when making payment. If AirPatrol (or entity designated by AirPatrol for receiving the payment) does not receive full payment by the due date, AirPatrol has the right to charge late payment interest prescribed in § 113 (1) of the Estonian Law of Obligations Act, a reminder fee for a written payment reminder and, where applicable, collection costs. Collection costs are charged pursuant to the Estonian Law of Obligations Act, etc.

6.3               The User may, where applicable, choose to upgrade the Service. In such cases, the fee may be adjusted or additional fees may apply. Information on applicable fees and payment terms will be provided upon ordering and/or in connection with upgrading the Service and thereafter in accordance with Section 6.1, or, where applicable, in a separate agreement, or other applicable terms.

 

7 - Price changes

7.1               AirPatrol has the right to adjust the fees for the Service at any time. AirPatrol will notify any such price changes in writing within a reasonable time, but no later than 30 days before the price change comes into effect. If the User does not wish to accept the price change, the User has the right, without additional cost and no later than the day on which the price change comes into effect, to terminate the Agreement with effect from the end of the period for which the User has paid for the Service. Termination pursuant to this Section does not entitle the User to a refund of fees already paid for the Service. AirPatrol reserves the right to implement price changes with immediate effect if required for security reasons or to comply with laws, regulations, or rules. The User will not be affected by the price change during the notice period.

 

8 - Data integrity & security

8.1               The user is obliged to follow AirPatrol's current procedures and instructions for creating passwords and other login details, which can be found on the Website.

8.2               The User undertakes to ensure that the username, password, and other login details for the Service (“ Account Details ”) are stored in such a way that unauthorized persons cannot access or use the Service illegally. In the event of loss of Equipment or in the event of a risk that Equipment or the Service is or may be used by unauthorized persons (e.g. if Account Details are lost or disclosed), it is the User's responsibility to immediately report this to AirPatrol's customer service so that AirPatrol can block the User's Account and/or access to the Service.

8.3               To protect the User and AirPatrol from unauthorized use of the Service, AirPatrol has the right to block the User's Account and/or access to the Service if it suspects that Equipment or Account Details have been compromised, lost, or stolen, or if there is otherwise reason to believe that an unauthorized person is using the Service.

8.4               If the User's Account and/or access to the Service is blocked, the User must contact AirPatrol's customer service. AirPatrol will restore access to the User's Account and/or access to the Service as soon as AirPatrol has verified that an unauthorized person does not have access to the Service or Account Details. The User is not entitled to a fee reduction for the time the User's Account and/or access to the Service has been blocked.

8.5               For information about how AirPatrol processes personal data, please refer to https://airpatrol.com/pages/privacy-policy.

 

9 - User guidelines

9.1               The User undertakes to follow recommended instructions for the use of the Service which may be published in the form of user manuals, FAQs, or other material from AirPatrol or a partner approved by AirPatrol.

9.2               The User further undertakes that when using the Service, he/she will not engage in activities that (a) are illegal or encourage illegal acts, including but not limited to infringement of another's copyright; (b) include harmful software such as "malware", Trojan horses, or viruses, or otherwise alter the user's experience of the Service; (c) interfere with or hinder the operation of the Service, or which aim to identify vulnerabilities in the Service or in the underlying infrastructure; (d) aim to penetrate AirPatrol's and/or its subcontractors' security systems; or (e) in any way violate the Terms, in AirPatrol's reasonable judgment.

 

10 - Intellectual property rights

10.1            Provided that the User complies with all terms and conditions of this Agreement and pays all applicable fees on time and in full, AirPatrol grants the User a non-transferable, time-limited user license to the Service.

10.2            The User does not have the right to (i) transfer, sublicense, copy, publish, or distribute the Service; (ii) allow third parties to use the Service; (iii) assign rights granted to the User under the Terms; (iv) circumvent any of the technical limitations of the Service; (v) decompile or otherwise disassemble or reverse engineer the Service; (vi) manipulate measurement data; or (vii) interact with the Service through scripts, software, or other automated processes without the approval of AirPatrol.

10.3            The User is the sole owner of such data that the User provides to AirPatrol in or through the Service (“ User Data ”).

10.4            The User grants AirPatrol a worldwide, royalty-free, irrevocable, and non-exclusive right and license to store, copy, modify, transfer, display, analyze, aggregate, and (i) use User Data to provide, modify, upgrade, improve, and update the Service, verify and analyze the User's use of the Service, create new services and design offers, (ii) use aggregated User Data in connection with marketing, and (iii) share aggregated or pseudonymized User Data with third parties for AirPatrol's business purposes, including to enable more efficient algorithms and controls.

10.5            The User understands that AirPatrol uses third-party data processors in connection with the provision of the Services and agrees that AirPatrol, notwithstanding anything stated herein, may transfer, store, and otherwise process User Data with the help of such third-party processors for the provision of the Services to the User.

10.6            Notwithstanding anything contained in this Section 10 of these Terms, nothing in the Agreement shall affect a Party's rights to its existing patents, copyrights, trademarks, trade names, design rights (whether registered or not), proprietary information, code, algorithms, design documents, drawings, plans, or any other intellectual property right, whether registered or not (“ Intellectual Property Rights ”), know-how or data owned or controlled at the time of the entry into force of this Agreement or developed by a Party outside of the Service and without reliance on the other Party's materials or information (“ Background IP ”), nor shall it be construed as granting any license to such Background IP unless expressly set forth herein.

10.7            Notwithstanding any other provision of this Agreement, User acknowledges and agrees that User Data and all other information provided by AirPatrol under this Agreement, hereinafter collectively referred to as “ Service Data ”, may be proprietary and contain valuable trade secrets belonging to AirPatrol. User is expressly prohibited from using Service Data, whether directly or indirectly, for the following purposes without the prior written consent of AirPatrol:

(a)        develop, train, or improve, or attempt to train, develop, or improve, machine learning algorithms, artificial intelligence algorithms, or other similar models based on provided Service Data;

(b)        assist, facilitate, or in any way contribute to the training, development, or improvement of machine learning algorithms, artificial intelligence algorithms, or similar models by third parties using any Service Data provided; or

(c)        develop, attempt to develop, or assist others in developing competing products, services, or technologies that use or are based on any Service Data provided.

10.8            The User shall ensure that all Service Data is used exclusively for the User's private use and is not disclosed to any third party, except as expressly approved by AirPatrol or as otherwise required by law.

 

11 - Limitation of liability

11.1            AirPatrol shall not be liable under any circumstances for damage resulting from circumstances beyond AirPatrol's control, which AirPatrol could not reasonably have been expected to have foreseen at the time of entering into the Agreement, and the consequences of which AirPatrol could not reasonably have avoided or overcome, such as atmospheric or technical disturbances, damage caused to the User by third parties, labor disputes (whether or not involving AirPatrol's personnel), lightning, power outages, fire, explosion, war, riots, floods, severe weather, natural disasters, or acts or omissions of authorities or others for which AirPatrol is not responsible. AirPatrol is relieved of any obligation to perform any obligation under the Agreement for as long as such circumstances exist.

11.2            AirPatrol's liability does not include indirect damage, increased costs, or other losses in connection with the use of or non-use of the Service, to the extent permitted by applicable law. Due to the great complexity and variability in operating conditions for the Service, AirPatrol cannot guarantee reduced energy consumption, lowered energy costs, or otherwise “optimal” energy use.

11.3            AirPatrol is not liable for damage that occurs as a result of the User not following the established guidelines according to Section 9.

11.4            If the User discovers errors in the Service that are not due to the User (including the User's digital environment and the conditions set out in point 3 above), or someone in the User's household who uses the User's account, the User has the right to have the error corrected. AirPatrol is responsible for the costs of correcting the error if the error is due to AirPatrol. The User's right to report errors expires two (2) months after the Agreement has ended. If the User does not notify AirPatrol of errors in the service within the aforementioned time frames, the User will lose the right to have the error corrected.

11.5            AirPatrol reserves the right to charge the User for any costs for rectifying errors attributable to the User as described above.

11.6            Please note that the User is required to cooperate with AirPatrol to enable AirPatrol to investigate whether the cause of the error lies with the User. If the User does not cooperate to a reasonable extent, it is instead the User who is responsible for demonstrating that the error is due to AirPatrol.

 

12 - Contract period and termination

12.1            The Agreement is valid until further notice. The User has the right to terminate the Agreement and close his/her Account at any time via the App, the Website, or by email to support.airpatrol@ngenic.se, effective at the end of the period for which the User has paid for the Service, provided that no other notice period applies under these Terms. Please note that termination pursuant to this Section does not entitle the User to a refund of fees already paid for the Service.

12.2            AirPatrol has the right to terminate the Agreement with a notice period of two (2) months (and taking into account any prepaid fee for the upcoming period).

12.3            AirPatrol has the right to suspend the User's access to the Service and/or terminate the Agreement with immediate effect if the User does not pay applicable fees for the Service and also not within a reasonable time after being reminded thereof.

12.4            AirPatrol has the right to block the User's Account and suspend the User's access to the Service and/or terminate the Agreement with immediate effect, if AirPatrol becomes aware of it or AirPatrol otherwise has reasonable grounds to believe that the User is using the Service or Account in violation of the Agreement or applicable laws or regulations and the User, despite notice to this effect, does not cease the action.

12.5            The contract period and notice period may in individual cases differ from what is stated in these Terms if AirPatrol and the User have reached a special agreement to that effect.

 

13 -  Right of withdrawal

13.1            If the User has entered into the Agreement remotely or outside business premises, the User has the right to withdraw from the Agreement, provided that the User notifies AirPatrol of this within 14 days of the Agreement being entered into (the so-called withdrawal period).

13.2            The right of withdrawal can be exercised by contacting Airpatrol in writing via email to support.airpatrol@ngenic.se

13.3            If the User exercises his/her right of withdrawal, the User shall return any Equipment to AirPatrol or to the person designated by AirPatrol at his/her own expense. Equipment should be returned together with the original packaging and all accessories (such as manuals, cables, etc.).

13.4            If the User exercises his/her right of withdrawal, AirPatrol shall refund what the User has paid to AirPatrol. However, a refund need not be made until AirPatrol, or the person designated by AirPatrol, has received any Equipment from the User or the User has demonstrated that the Equipment has been returned.

13.5            If the User exercises his/her right of withdrawal, the User shall compensate AirPatrol for any decrease in value of the Equipment to the extent that such decrease in value is due to the User handling the Equipment to a greater extent than was necessary to determine its properties or function.

13.6            This Section 13 only applies to Users who are consumers, not to Users who are business users.

 

14 - Transfer

The User does not have the right to transfer any rights or obligations related to the Service or his/her Account to any other party without AirPatrol's written consent. AirPatrol has the right to transfer rights and obligations under the Agreement in whole or in part to another party without the User's consent.

 

15 - Other

15.1            Written notices from AirPatrol to the User are written in Estonian or English and published in the App and/or sent by email to the email address that the User has provided for their Account. Notices sent in this manner to the User shall be deemed to have been received by the User no later than the following day. The User hereby agrees that information required by law and other information regarding their legal rights and obligations and regarding the Service may be sent to the User electronically. The User further agrees that the User's electronic or digital signature shall have the same effect as a signature in ink.

15.2            AirPatrol has the right to make additions and amendments to the Agreement from time to time. The User shall be notified of such amendments or additions no later than 30 days before they come into force. If the User does not accept the notified amendments or additions, he/she has the right to terminate the Agreement in the manner specified in Section 12.1. If the User has not notified AirPatrol that he/she does not approve the amendments or additions no later than the day before the day on which the amendments or additions come into force, the User shall be deemed to have approved them.

15.3            AirPatrol has the right to make, with immediate effect, additions and amendments to the Service and/or the Agreement that are required by law, regulation, or authority decision.

15.4            Disputes regarding the interpretation and application of the Agreement, which cannot be resolved after negotiation between the Parties, shall be settled in an Estonian court in accordance with Estonian law. The User may also turn to the Estonian Consumer Protection and Technical Regulatory Authority, in cases where the latter is competent. In the case of cross-border purchases of services or components via AirPatrol's website, the User may also turn to the EU Commission for Online Dispute Resolution at http://ec.europa.eu/consumers/odr.

15.5            The user has the right to submit a complaint to AirPatrol in writing via email to support.airpatrol@ngenic.se.

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These Terms and Conditions apply from 01.12.2025