TERMS AND CONDITIONS
BLUE
(SOFTWARE & SERVICES)

  1. Content and property rights
    1. Thank you for choosing Blue! Use of the Blue Services and software. These Terms and Conditions apply to the Blue websites, services and products. The web pages as well as the services and the products are the property of ADREM LINK SRL (“Adrem”), a Romanian company with registered headquarters in Bucharest, 1st District, 20-22  Alexandrina , 3rd Floor, registered with the Office of the Trade Register attached to the Bucharest Tribunal under No J40/7380/25.05.2016, sole identification code 36126264.  BY USING/ACCESING BLUE’S WEBSITE, SERVICES AND PRODUCTS, YOU EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THE PROVISIONS HEREIN, PLEASE DO NOT USE/ACCESS THE SERVICES/PRODUCTS/WEBSITES.
    2. Adrem reserves the right, without notice, to amend these Terms and Conditions, at any time. It is the Customer’s/User’s responsibility to check these Terms and Conditions („T&C”) periodically for changes. Your continued use of the websites, services and products provided by Adrem will mean that you accept and agree to the changes.
    3. All content, graphics, user interfaces, visual interfaces, functionalities, trademarks, logos, sounds and music, including but not limited to, computer code, structure, applicability and other property rights, including all intellectual property rights is owned, controlled and the property of ADREM, and is protected under the applicable legislation.
    4. Except as expressly provided in these T&C, no part of the websites, software, services (“Blue”) may be copied, reproduced, republished, downloaded, posted, translated, transmitted or distributed in any way to any other third party, without Adrem’s express written consent.
  2. Blue
    1. Blue consists of the following:
      1. The service provided via the Website, including the software accessed by way of the website (“SAAS”);
      2. Collecting End User Data enabling the End User to get an overview of End User’s consume of energy enabling End User to take action in order to reduce its energy consume;
      3. Collecting and making available offers to the End User from third parties as further described on the website www.Blue.me
      4. Any software as described on the Website provided for use with the SAAS;
      5. Any software apps provided for use with the SAAS, e.g. through the Apple App Store or Google Play;
      6. The provision of the Data (as defined in the T&C) in a structured form (i.e. based on Adrem’s database hereof);
      7. Documentation provided for use with the SAAS as provided by Adrem.
    2. Adrem provides no warranty as to the End User energy consumption while using the Service and Adrem is not responsible for End User’s actual consume of energy and makes no warranty as to the functionality and/or compatibility with the products installed by the end Customer.
    3. Software and software apps may be subject to individual end user license terms. In such case, this Agreement shall only govern the End User’s use of the SAAS through such software and software apps – not the license to the software or software apps themselves.
  3. Permitted Use of Blue
    1. Adrem grants a nonexclusive, non-transferrable and limited license for Blue, as set out in this Agreement.
    2. The license is:
      1. Solely for the use hereof as provided by these T&C and not, without limitation, for copying, distribution or public display of any kind, whether in the original or amended/embedded form;
      2. Strictly personal and only for the use by the End User for its own purposes;
      3. Nonexclusive;
      4. Non-transferrable in any way, whether by sale, renting sub-licensing or gifting;ou;
      5. Freely revocable;
      6. Conditional on the registration and maintenance of an active user account for the End User with Blue (i.e. use is not permitted without such active user account);
      7. Conditional on all consents for the processing of personal data requested by Adrem being given;
      8. Royalty bearing, as set out in these T&C;
      9. Time limited, i.e. until such time as it is revoked or relinquished by the End User;
      10. Conditional upon the End User (1) being of the age of 18 or above and (2) having the authority to legally bind the End User and/or the End User’s company and/or employer (if applicable).
      11. Grants user rights to the Blue websites and products and services provided by Adrem in relation to SAAS;
    3. The End User is not permitted to use or access the Services in any other way or format than as provided by Adrem, including by way of decompilation, reverse engineering or modification.
    4. These T&C constitute a license and not a sale of the Services, pursuant to the provisions hereof. Consequently, it does not transfer to the End User a title or ownership of the Services or a copy of any software or Technical Data as part hereof. Except for the limited rights granted in section 3, Adrem (or its licensors) retains all rights, title and interest, including all intellectual property rights, in and to Blue.
    5. When the End User signs up for Blue, the End User must open a user account with Adrem and provide Adrem with accurate and complete information as requested by Adrem.
    6. As the use of Blue may include downloading software to the End User’s devices or apps to a mobile phone, the End User agrees that Adrem may automatically up-date such software and apps and that these T&C will apply to all upgraded versions too.
  4. Access and Security
    1. Certain features of Blue offered through these means of communication may require the User to open an account (user access and password). The User is entirely responsible for maintaining the confidentiality of their access information and for any and all activity that occurs under their account as a result of disclosure. The User agrees to notify Adrem immediately of any unauthorized use of their account. Adrem may hold the User liable for any losses incurred by Adrem or any other third party or Blue user.
  5. Service Standards and Disclaimer
    1. Adrem is in the business of keeping its customers happy. Adrem will thus use commercially reasonable efforts to make Blue available at all times, except for planned downtime and any unavailability caused by external events, including force majeure circumstances (such as, without limitation, fires, floods, acts of God, acts of government, civil unrest, Internet service provider failures or delays, denial of service attacks, etc.), and to provide Blue in accordance with applicable laws and government regulations.
    2. NOTWITHSTANDING THE FOREGOING, BLUE IS PROVIDED ON AN “AS-IS” OR “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND.
    3. ADREM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO BLUE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION, DESCRIPTION OR SERVICE LEVELS, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ADREM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED OR STATUTORY WARRANTIES, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE. ADREM DISCLAIMS ANY DAMAGES INCURRED BY A THIRD PARTY IN RELATION TO BLUE. THE END USER/CUSTOMER IS UNEQUIVOCALLY LIABLE FOR THE USE OF BLUE, UNDER THE SOLE PENALTY OF TERMINATION OF USE.
    4. Adrem does not warrant that Blue will be error-free or work without interruptions.
    5. Blue may, at the sole discretion of Adrem, be subject to changes from time to time, including by addition or removal of features. Such changes may occur without notice.
    6. If the End User experiences any service outages, delays, unavailability, loss of data or incidents in general in relation to Blue, the End User is encouraged to immediately report such incidents to Adrem using the contact details located on the Website. Adrem will use its best efforts to correct any incidents, but expressly disclaims any legal obligations to do so, as stated above.
    7. Adrem considers protection of the End Users’ privacy as a very important and a top priority issue. Adrem continuously aims at protecting the End Users privacy by implementing modern physical and technological security devices. Adrem will comply with its privacy policy.
    8. Except as expressly provided by the law, in no event shall Adrem have any liability for any direct, indirect, incidental, consequential, punitive damages, however caused and on any theory of liability, whether for breach of contract, tort (including negligence) or otherwise, arising out of or related to this agreement, including but not limited to loss of anticipated profits or loss or interruption of use of any files, data or equipment, even if advised of the possibility of such damages.
    9. In no event shall Adrem’s liability exceed EUR 100.
    10. The End User shall indemnify, defend and hold Adrem harmless from any claim, action, suit or proceeding made or brought against Adrem arising out of or related to (I) End User’s breach of any term of these T&C or (II) Adrem’s use of any Data.
  6. Payments
    1. The End User is permitted to use Blue (or other services available on the Website) against payment of the fees stated from time to time in relation to a specific Service provided by Adrem.
    2. The registration of a user account as well as the use of certain services may be permitted without monetary payment, as stated on the Website from time to time.
    3. All fees are subject to changes with 14 days’ notice either on the Website or by e-mail to the registered e-mail account. Changed fees will not be effective retroactively but will only affect the services from the stated effective date of the change.
  7. Personal and Technical Data
    1. The End User will provide two types of data to Adrem: Personal and Technical Data.
      1. Personal Data; Processing
      2. “Personal Data” shall mean any and all (1) data as defined in Law No 677/2001 on Data Protection and (2) data provided by the End User though, or obtained through Blue and the registration of the user account necessary to use Blue. Personal Data may include e.g. the End User’s name, age, gender, e-mail, address, physical address, telephone number, IP-address, identification data used with the End User’s utility (e.g. customer number, meter number etc.), data on energy consumption etc.
      3. Adrem will not disclose, distribute or sell Personal Data to any third party.
      4. Personal Data will be processed by Adrem. To this end, Adrem is registered as a personal data operator.
      5. Personal Data will be processed, among other, for the purpose of providing the End User with information on their energy consumption as well as obtaining offers from third parties in relation to the following services.
      6. Adrem will disclose Personal Data if legally bound to disclose such information.
      7. The End User may at any time access, modify and delete information you provide during the registration of your user profile. However, some information may not be deleted unless the entire user profile is deleted and thus the right to use the Services terminated.
      8. The consents given in this section 7.1 can in whole or in part be recalled by giving written notice to Adrem. However, if the End User chooses to recall the consent, Adrem reserves the right to immediately terminate the use of Blue and of any other Adrem services and/or products.
    2. Technical Data
      1. “Technical Data” shall mean any and all data provided by the End User through Blue, including where provided, directly or indirectly, by any hardware used together with Blue, and which is not Personal Data.
      2. Technical Data may include e.g. GPS-data, data on electrical or gas consumption, price data concerning electrical or gas consumption, utility used and data on the End User’s building(s) (such as, without limitation, construction year, reconstruction/modification year, area size, number of floors, total size of area used for residential purposes, total size of area used for commercial purposes, size of attic, size of building extensions, roof type, type of power used, number of light sources, number of electronic devices installed), all provided that the Technical Data has either been anonymized or separated from Personal Data allowing for identification of the End User.
      3. Adrem shall have a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all information copyright, trademark, publicity, and database rights (including the right to sublicense) that the End User has in and to any Technical Data on any media, in any format and through any platform and application known now or in the future. Adrem is thus entitled to, independently from the End User, use, disclose and transfer any Technical Data for whatever purpose – including marketing purposes – and to any party, whether commercially or non-commercially, with respect of any prior third party rights.
      4. For the avoidance of doubt, Adrem shall retain all rights to the structuring of Technical Data in databases etc. The End User shall only have the right granted to use such databases, including structured display hereof.
    3. Personal Data and Technical Data are jointly referred to as “Data”.
      1. The End User is the sole responsible party for any information or Data submitted to Adrem, including by way of Blue, including for the legality hereof and the legality of Adrem’s use hereof, as set out in these T&C.
      2. Adrem explicitly does not accept content that is pornographic or sexual (also including any kind of photos, drawings, animations etc. showing nudity or in general having an adult nature), racially offensive, discriminating towards individuals or minorities, illegal, violently, violating the laws of Romania or the End Users home jurisdiction.
  8. Termination of User Account
    1. This Agreement may be terminated for convenience by either party with one months’ notice to the end of a month. In case of termination for convenience by the End User, no fees paid or payable will be refunded, regardless of whether such fees cover a period extending beyond a certain date. Neither party shall have any claims against each other in case of termination for convenience, except for a claim for unpaid fees.
    2. Adrem may immediately terminate for cause the Blue license, in the following situations:
      1. If the End User or its user account – in the sole judgment of Adrem – violates or is suspected of violating these T&C or other applying conditions. This includes situations where Adrem thinks the End User is creating problems, legal liabilities (whether they are actual or potential), infringing intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
      2. If the End User does not pay any fees due in accordance with the applicable payment conditions, and in any event if full payment has not been received 10 days following transmission of notice of non-payment to the End User.
  9. Assignment
    1. The End User may not assign any of its rights hereunder, directly or indirectly, without the prior written consent of Adrem.
    2. Adrem may freely assign its rights and obligations hereunder, and the End User hereby gives prior consent in accordance with the provisions of the Civil Code.
  10. Governing Law and Jurisdiction
    1. These T&C are governed by and construed under the laws of Romania, without reference to conflict of laws principles. All disputes arising out of or related to this Agreement will be subject to the jurisdiction of the courts of Bucharest.
    2. The statute of limitation of the material right for any claim or cause of action is of 1 (one) year after the cause of action arises.
    3. The parties shall try to resolve any disputes either directly or through mediation. In case the parties are unable to resolve any such disputes within 1 (one) month after the negotiations begin, then either party may refer the matter to the court.
  11. Void and Final Provisions
    1. If any of the provisions of these T&C are held by a court to be void or unenforceable, such provisions shall be eliminated/amended to the minimum extent necessary to not affect these T&C or to become enforceable, so that these T&C shall remain in full force and effect, in accordance with Adrem’s initial intent.
    2. These T&C constitute the entire agreement between Adrem and the User and any and all other previously existing agreements are hereby superseded and cancelled.
    3. Adrem’ failure to enforce its rights under these T&C shall not be construed as a waiver by Adrem of any of its rights hereunder.
      Any information posted by Adrem through its own means of communication may be amended unilaterally and without notice.
      Any feedback the User provides shall be deemed to be non-confidential and Adrem shall be free to use such information on an unrestricted basis.

Copyright Adrem Link S.R.L.
Last updated on 02.05.2016