We, homii B.V., offer via our website my.homii.app a tool which, amongst others, predicts the heating costs of apartments that are heated by a collective heating system, so called blokverwarming (“Service”). This agreement is applicable to the use by you of our Service. For the avoidance of doubt, the use of our Service by you is offered by either (i) the organization you rent your apartment from, your landlord e.g. the housing corporation (woningcorporatie),, or alternatively, (ii) the association of owners (vereniging van eigenaars) where you are a member of. Therefore, homii shall not charge you any fees for using our Service.
1.1
By creating an account you confirm that you accept the conditions of this agreement and that you agree to comply with them.
1.2
If you do not agree to this agreement, you may not use our Service.
2.1
When you create an account - which is necessary to make use of our Service - you must provide us with accurate and complete information. You are not permitted to create an account for another natural person or legal entity, unless they have expressly authorized you to do so.
2.2
If you choose a user identification code and password, you must treat such information as confidential. You must not disclose it to any third party. In each and every event, you are solely responsible and liable for all activity that occurs using your account.
2.3
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@homii.app and take all necessary steps to prevent unauthorized access (such as changing relevant passwords).
3.1
You understand and agree that the outcome of our Service is a prediction, and thus a future estimation. The accuracy of the estimation depends on different kinds of (historical) variables. If these are not present or are not provided to us correctly, this will affect the accuracy of the estimate.
3.2
The following use is not permitted in connection with our Service (including our website):
We are constantly improving our Service in order to optimize the experience for its users. We may at all times, without prior notification and without becoming liable towards you for any damages, make functional or technical changes or improvements to our Service.
We are the owner or the licensee of all intellectual property rights in our Service. Those works may, among others, be protected by copyrights and database rights. All such rights are reserved. You are only granted a license to use our Service for which it is intended.
We are constantly improving our Service in order to optimize the experience for its users. We may at all times, without prior notification and without becoming liable towards you for any damages, make functional or technical changes or improvements to our Service.
7.1
Nothing in this agreement shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
7.2
Our Service is provided "as is" and we make no warranty or representation to you with respect to it. In particular, we do not represent or warrant that your use of our Service will meet your requirements; be uninterrupted or otherwise free from error; or that any information obtained through your use of our Service will be accurate or reliable. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to our Service except to the extent that they are expressly set out in this agreement.
By using our Service, we process your personal data. The way we handle your personal data is explained in our Privacy Policy.
9.1
You can terminate your account at any time via your account settings. If you terminate your account, you will no longer have access to our Service.
9.2
If you terminate your account we may retain your account for a reasonable period of time for backup, archival, or audit purposes.
10.1
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
10.2
To the extent permitted by applicable law, we exclude any and all liability, to you whether in contract, tort or otherwise, for any loss howsoever caused suffered or incurred by you arising from, or in connection with:
11.1
We may amend the terms of this agreement from time to time. You have to accept any new version of the agreement before you can access your account and make use of our Service. If you don’t agree, you can terminate your account.
11.2
We may transfer our rights and obligations under this agreement to third parties. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.3
This agreement and your use of our Service are governed by Dutch law. Any dispute that is related to this agreement shall be exclusively submitted to the competent court in Amsterdam, unless applicable mandatory laws prescribe otherwise.