General Terms and Conditions of “USA.Shelly.Cloud” Website

(in force as of 01.09.2021)

Table of Contents:

1. Subject matter
2. Data of the website administrator
3. Definitions
4. General terms and conditions
5. Website use policy / Rights and obligations of the user
6. Personal data
7. Intellectual property
8. Miscellaneous

1. SUBJECT MATTER

1. The use of the website USA.Shelly.Cloud and services on this website provided by “Allterco Robotics” EOOD are subject to the following General Terms and Conditions, all parts and sub-parts of which are specifically incorporated by reference here. These General Terms and Conditions shall govern the use of all pages and sub-pages on this website and any services provided by or on this Website (“Services”).

2. DATA OF THE WEBSITE ADMINISTRATOR

2. The website usa.shelly.cloud and its sub-pages are administered by ALLTERCO ROBOTICS EOOD, a company registered in Republic of Bulgaria and entered in the Commercial Register at the Register Agency with the headquarter and managing address in the city of Sofia, No 103 Cherni Vrah Blvd., UIC 202320104

           Contact details of ALLTERCO ROBOTICS EOOD

          on business days from 09:00 a.m. till 6:00 p.m. EEST +3 hours / EET+2

          tel: +359 2 957 12 47

          e-mail: support@Shelly.cloud

3. DEFINITIONS

3. The following words and expressions when commencing with a capital letter (including when used with a definitive article and/or used in plural) shall have the meaning and content stated herein unless the context require otherwise:

• User – an individual (any natural or legal person) who visit the Website. No registration required for access to the site.
• ALLTERCO ROBOTICS – the administrator of this Website
• The Website –the website available on the https://usa.shelly.cloud/ together with all its sub-pages (including all its versions and re-works);
• Products and Services Shelly – smart devices with commercial name Shelly in all models and modifications, including accessories and maintenance services as well as all services accessible through the Website (including all its versions and re-works).
• Content - the textual, visual, or aural content that is encountered as part of the user experience on a website. It may include —among other things —text, images, sounds, videos, animations, files, hyperlinks etc.

4. GENERAL TERMS AND CONDITIONS

4. This Website has no commercial purpose, but is only of an informational purpose. Products cannot be purchased through the Website.
5. This Website does not require registration and provide registration information such as name, email, etc.
6. These General Terms and Conditions govern the relations between ALLTERCO ROBOTICS and each User of this Website
7. These General Terms and Conditions are mandatory for all Users of the Website.
8. By accessing the Website the User state that it is aware, accept and is bound to these General Term and Conditions.)

1. ) Each use of the Website means that the User:

1. Has been carefully acquainted with these General Terms and Conditions and
2. Has agreed to comply with them unconditionally.

     2) ALLTERCO ROBOTICS shall not be liable if the User has not been acquainted with these General Terms and Conditions. ALLTERCO ROBOTICS shall not be liable for any damages, loss or breach of the warranty conditions arisen out of non-compliance on the part of the User of the provisions of these General Terms and Conditions and the applicable laws.

9. These General Terms and Conditions may be amended unilaterally by ALLTERCO ROBOTICS at any time at its own discretion or if the amendments have been imposed by virtue of legal act entered into force and without explicit advance notification of Users of the Website. These amendments shall enter into force immediately and are mandatory for all Users as of the date of their publication on the Website. It is possible that the amendments have a retroactive effect as regards orders already delivered and confirmed.
10. All images published on the Website have as their sole purpose to create an idea of the type of Products and not to represent them correctly. Respectively, it is possible that some of the images on the Website do not correspond to the appearance of the respective Device (color, size, shape etc.). ALLTERCO ROBOTICS shall not be liable for any such discrepancies.
11. Given possible technical errors or omissions in the information published on the Website, ALLTERCO ROBOTICS clarifies that product images are of informative and guiding nature, respectively the delivered products might differ from the images.
12. The characteristics of the products described on the Website might be altered by ALLTERCO ROBOTICS at any time and might contain errors.
13. The Website can contain published advertising or promotion for Products of ALLTERCO ROBORICS or its partners for a certain period of time. ALLTERCO ROBORICS shall not be liable for any information, products and/or services provided by such partners.
14. ALLTERCO ROBOTICS shall not be liable for any losses, loss of profits or other damages caused to the User as a result of temporary/permanent inability to access the Website.

5. WEBSITE USE POLICY/ RIGHTS AND OBLIGATIONS OF THE USER

15. The Website is accessible at the following address: https://usa.shelly.cloud/ and provides information about the products of ALLTERCO ROBOTICS EOOD bearing a commercial name Shelly and does not enable their online purchase through the functionalities of the Website.
16. The access to the information on the Website shall not require mandatory registration of an account.
17. ALLTERCO ROBOTICS shall keep the right at its sole discretion to limit the access to the Website and/or some of its functionalities, of the possible legal tender, including an individual User in case of a doubt or establishment of abuses and in order to protect its rights and those of third parties, which might be affected, as well as in cases of unusually high traffic and other technical grounds. ALLTERCO ROBOTICS shall not bear any responsibility for the eventual damages sustained by the User or might sustain as a result of such actions.
18. By using the Website, the User warrants that he has read and reviewed these General Terms and Conditions and that he agrees to be bound by them. If the User does not agree to be bound by these General Terms and Conditions, he must leave the Website immediately.
19. The User agrees not to use this Website for any unlawful purpose or any purpose prohibited under this clause. The User agrees not to use the Website in any way that could damages the Website, Services, or general business of ALLTERCO ROBOTICS.
20. The User further agrees not to use the Website:

1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
2. To violate any intellectual property rights of ALLTERCO ROBOTICS or any third party;
3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4. To perpetrate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.

21. The User agrees not to undertake any of the following actions:

    (a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

    (b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

22. The User agrees to defend and indemnify ALLTERCO ROBOTICS and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to use or misuse of the Website, user’s breach of these General Terms and Conditions, or user’s conduct or actions. User agrees that ALLTERCO ROBOTICS shall be able to select its own legal counsel and may participate in its own defense, if the company wishes.

6. PERSONAL DATA

23. By using the Website the User provides ALLTERCO ROBOTICS with certain information. By using the Website, the User authorizes ALLTERCO ROBOTICS to use this information.

1. Information We may collect or receive: Depending on how the User uses this Website, we may receive information from external applications the User uses to access this Website, or we may receive information through various web technologies, such as cookies, clear gifs, web beacons or others.
2. How we use information: we use the information gathered from use to ensure his/her continued good experience on this Website. We may also track certain of the passive information received to improve our marketing and analytic, and for this, we may work with third-party providers, including other markets.
3. Information protection: if the User would like to disable our access to any passive information we receive from the use of various technologies, the User may choose to disable cookies in his/her web browser.

24. Detailed information concerning the processing of personal data and any other information provided through the use of the Website shall be contained in the Privacy policy published on the Website.
25. The Website may contain links to other websites. ALLTERCO ROBOTICS shall not bear responsibility for the privacy policy of any websites which ALLTERCO ROBOTICS does not administer.

7. INTELLECTUAL PROPERTY

26. The entire information on the Website, as well as the entire information related to the Shelly Products and Services, accessible through the Internet connection, and/or other forms of commercial communication, including but not limited to logo, graphic images or inscriptions, commercial symbols, dynamic symbols, text and/or multimedia content, are exclusive ownership of ALLTERCO ROBOTICS.
27. ALLTERCO ROBOTICS has and retains all its rights over the intellectual property, related in some way to the Website/the Products and/or the Services Shelly, irrespective of whether these are its own or transferred by way of contractual licenses or in any other legally acceptable manner.
28. The User shall not have the right to transfer, sell, and spread materials created through reproduction (copying), amendment or publishing of the content of this Website, except with explicit consent of ALLTERCO ROBOTICS.
29.  (1) Any Content to which the User has access, irrespective of the means for this, shall be subject to regulation in these General Terms and Conditions.

    (2) There might be referral links to other websites on this Website. ALLTERCO ROBOTICS shall not be liable for the Content of these websites and their terms and conditions of use.              ALLTERCO ROBOTICS shall not be liable for the products and/or services offered on these websites. ALLTERCO ROBOTICS shall not be liable for any losses or other damages              caused by the access and visit of these websites.

30. The User may copy, transfer and/or use the Content of the Website only for personal non-commercial purpose only on the cases in which this does not contravene these General Terms and Conditions.
31. The User has the right to use the Content of this Website for commercial purposes only when he/she received the written consent of ALLTERCO ROBOTICS for that and only for this part of the Content, the manner, and extent of its use, as well as within the time limits for with consent has been explicitly given. Each subsequent or different use of the content shall be considered as a violation of these General Terms and Conditions and a violation of the intellectual property rights of ALLTERCO ROBOTICS.
32. Any use of the Content for other purposes, other than those explicitly permitted in these General Terms and Conditions or in another explicit written permission given by ALLTERCO ROBOTICS is prohibited.

8. MISCELLANEOUS

33. All disputes found in connection with the interpretation or implementation of these General Terms and Conditions, which are resolved by the parties by their mutual consent, when this proves impossible - by the competent Bulgarian court.
34. ALLTERCO ROBOTICS shall have the right to change the technology and design of the Website and/or the Devices without prior notification thereof.
35. If any part of these General Terms and Conditions is declared invalid, this shall not affect the validity and validity of the other provisions of these General Terms and Conditions.

 

           All rights reserved!

          ALLTERCO ROBOTICS EOOD