Thank you for downloading the Swimeo Application.

Swimeo is published by SIREM, a French company specialised in the design and manufacture of motorised systems for swimming pools.

The purpose of these terms and conditions of use (hereafter the “T&Cs”) is to set the rules for the use of the mobile application “Swimeo” (hereafter the “Application”), published by the company SIREM, a joint stock company with share capital of 3,525,520 euros, registered with the Trade & Companies register of LYON under the number 351 138 169, with head offices at Chemin du Pilon 01700 St Maurice de Beynost (hereafter the “Publisher”).

The “Swimeo” Application is intended for individual Users within the framework of recreational and private use for the use of a counter-current swimming turbine from the Swimeo range. Any commercial use of the Application or its use for any other purpose than the use of the Services is strictly prohibited.

The purpose of these Terms and Conditions of Use is to govern the relationship between the Publisher and Users of the Application.

Users recognise that access to the Application and/or the Services requires prior and unreserved acceptance of these T&Cs and to this end recognise that they have familiarised themselves with the T&Cs prior to downloading the Application and commit to respecting them.

By ticking the box “I accept these T&Cs”, Users recognise that when they use the Application for the first time, they expressly and unreservedly accept these T&Cs; they state that they are of adult age and are legally capable.

When Users download and install the Application to their telephone, they unreservedly accept these T&Cs as defined hereunder.

2.  Purpose of the Application and scope of use – Service Description

The Application allows the User to remotely control the information provided by the Equipment to which it is connected, working in connection with the User’s pool. Therefore, the purpose of the Application is to provide various Services to the User, the major features of which, although not exhaustive, are as follows:

• Control the power of the turbine
• Create and edit programmes that can vary the speed for a time period to be determined.

This list is not exhaustive. The detail of the Services to which the User has access appears in the list of features given in the documentation available to Users through the Application. SIREM may add new features to improve the Application at any time.

4. Access to the Services

In order to benefit from the Services offered by the Application, the User should tick the box and thereby expressly accept these terms and conditions. Once connected, the User can access the Application Services.

On first use of the Application, the User:

– will activate the Bluetooth connection on his or her Terminal by following the instructions

– pair with the Equipment by following the instructions given in the user manual for the Equipment and/or the indications displayed on the Application (scan of compatible and accessible Equipment, synchronisation).

5. User Obligations

Use of the Application and operation of the Services is formally PROHIBITED when the pool concerned by the Equipment is not within the User’s sight.

The User states that he or she is over the age of eighteen prior to accepting the T&Cs and using the Services, has taken knowledge of the characteristics and features of the Services and has ensured that they are appropriate to his or her needs and compatible with his or her hardware, the Equipment and the Pool.

The User states that he or she is fully informed that a pool may constitute a grave danger, especially for children and that, to avoid any risk of drowning, children in proximity to a pool require constant vigilance on the part of the User. As part of this, use of the Application and Services requires active monitoring of the pool in question during their use.

The physical presence of an adult is essential when the Pool is open or when the Application is used to open or close the pool cover.

The user will also ensure that the Terminal and the Equipment are perfectly paired (using the Bluetooth connection mode) and undertakes to respect the safety instructions and user manuals that relate to the Terminal and the Pool, as well as the terms and conditions of use of the Equipment and more generally when using any electrical equipment in the presence of water;

As a responsible adult, it is up to the User to store and to not leave the Application within reach of children who are minors or adults under legal protection (legal guardian, wardship, conservatorship) without adult surveillance.

6. Application Accessibility and Malfunctions

The Publisher undertakes to make every effort to keep the Application accessible and operational at all times, subject to the prerequisites and limitations listed in Article 3 of these T&Cs, in particular subject to the good working of the Equipment, the Terminals and telecommunication networks and protocols. Under this title, the Publisher is only bound by an obligation of means and not of results, due in particular to Internet incidents. The Publisher cannot offer a guarantee of uninterrupted Service. The Service is provided “as is” without any guarantee as to suitability for the specific needs or aptitude to satisfy any particular User objective. The Publisher cannot guarantee that the Service will be uninterrupted or free from errors or viruses and provides no guarantee of any sort, explicit or implied.

In particular, the Publisher’s responsibility cannot be sought in the event of a malfunction or absence of operation of the Application that is the result of no or poor 3G/4G coverage, or the poor quality of the Bluetooth network of the User’s device or electromagnetic disturbances that affect the connection to the Equipment. The operation of the Service is therefore built on technologies that are developed and used by third parties over which SIREM has no means of intervention.

All warranties are excluded in the case of (i) illicit use of the Application and/or the Services by the User and/or use that does not comply with their intention as agreed in these T&Cs, (ii) non-installation by the User of eventual updates to the Application, (iii) poor use of the Terminal by the User, (iv) misuse of the Services by the User in the framework of use that is contrary to their intention or (v) force majeure.

In addition to this, the Publisher reserves the right to temporarily interrupt access to the Application for maintenance, curative or development purposes. However, the Publisher commits to doing its best to limit interruption times as much as possible.

Therefore, the User states that he or she is familiar with the Internet and accepts its limitations as well as its constraints. In particular, the User recognises that:

• the reliability of transmissions is random, in particular due to the uneven nature of the infrastructure and networks on which they circulate and in particular due to breakdowns and overloads that may occur;
• restrictions on access to certain networks may exist and be conditioned by specific agreements that have been entered into;
• Users can connect their computer equipment anywhere and may, in some cases, deviate, disseminate, alter, destroy or falsify software data and/or content circulating on the Internet, even when access control procedures have been implemented, in particular passwords or other access codes. Consequently, it is up to the User to take every measure that he or she deems appropriate to ensure the security of his or her equipment and data, in particular against contamination by any virus and/or any attempt at intrusion of which he or she may be the victim;
• any equipment used to connect to the Application is and remains under the sole responsibility of the User;
• the Publisher cannot guarantee the compatibility of the current version of the Application with new equipment.

The User undertakes to install any update or patch to the Application made available by the Publisher as soon as he or she becomes aware of it.

7. Duration

As the Application is destined to evolve, in particular due to legal and regulatory requirements in matters of use of private pools and new technology developments, use of the Services by the User is granted by the Publisher for a duration of 5 (five) years after the initial acceptance of the T&Cs by the User. At the end of this initial duration of 5 (five) years, the Publisher will propose a new subscriber offer to the User.

The Publisher my terminate use of the Service for legitimate reasons such as the Equipment being taken off the market, removal of the Application from Google Play and/or App Store platforms and/or the end of the offer of Services.

8. Intellectual Proprietorship of the Application

The page format, the structure and the graphic and text elements of the Application in particular are the property of the Publisher and subject to the laws that govern intellectual property.

Use of the Application does not confer any right to Users other than the use of the Application as provided for in these T&Cs. Acceptance of these T&Cs does not imply any transfer of intellectual property rights to the User. In particular, the Publisher remains sole proprietor of the images, photographs, drawings and illustrations displayed within the Application.

In consequence, Users may not, under any circumstances or in any way, reproduce, represent, distribute, sell, copy, translate, adapt, extract and/or de-construct all or part of any one of the elements reproduced within the Application and all or part of the Application in general, without prior express agreement from the Publisher, except for content for which they are responsible.

In addition to this, Users declare and guarantee that they are the owner of any content they place online and that it is copyright free or, at least, that they possess the necessary rights to distribute it through the means of the Application.

9. Personal Data Protection

Use of this application in no way leads the user to transmit personal data. No data will therefore be recovered by the supplier of the equipment.

11.  Changes to the T&Cs

The applicable T&Cs are those in effect on the date on which the User connects to and uses the Application.

The Publisher reserves the right to amend all or part of the T&Cs at any time without prior notice or previously informing Users, in order to adapt to changes in the Services, technical developments or legal provisions or during implementation of new services.

Any eventual changes made by the Publisher to the T&Cs will be brought to the knowledge of users simply by going online. They will be deemed to have been unreservedly accepted by any User who accesses the Application after said changes have gone online. Therefore, the Publisher invites all Users to regularly check the T&Cs.

Any new Service that integrates new techniques or new characteristics that improve the quality of the existing Services will also be subject to these T&Cs, unless there is an express provision to the contrary.

12. Applicable law

These T&Cs are subject to French law.

User consumers are informed of this and recognise that they may resort to a conventional mediation procedure for consumer disputes or any other alternative method to resolve differences with a view to an amicable settlement of any eventual dispute in reference to the execution of the T&Cs.

Mediation in Consumer Disputes – In compliance with Articles L.151-1 and following, and R.152-1 and following of the Consumer Code and subject to their application to the present, the User consumer is informed that he or she can turn to a consumer mediator free of charge.

The European Commission has set up a dispute resolution platform intended to collect consumer complaints further to an online purchase in order to then transmit said complaints to the competent national mediators.

This platform can be accessed at the following link http://ec.europa.eu/consumers/odr/

Any dispute or complaint relating to the execution or the interpretation of these rules that cannot be settled amicably between the parties will be brought before the competent courts.