“CLIVET EYE” TERMS AND CONDITIONS OF USE

Date of last update: 10 July 2025

 

1. Foreword. Field of application.
This document governs the Terms and Conditions of use (“Terms and Conditions” or “T&C”) by users of the Portal and/or the “Clivet Eye” App as defined below. In this document, for brevity, the App and the Portal may also be referred to simply by the term “APP”. 
Acceptance of these Terms and Conditions is mandatory for using the APP. Before accepting these Terms and Conditions, the user must read them carefully and keep a copy of them.
This document may be updated or revised over time. Any changes will be communicated to the user through the APP (e.g. push notification) or by other means identified by the Company before they enter into force and will be subject, if necessary (e.g. substantial changes), to the user’s approval.

 
2. Description of the “Clivet Eye” System and its Terms and Conditions of Use.

“Clivet Eye” is a cloud-monitoring based IoT System (hereinafter “System”) developed by Clivet S.p.A. (“Company” or “CLIVET SPA”), a company under Italian law belonging to the Midea Group. It allows owners and/or users (“users”) of certain Clivet-branded products (hereinafter simply “Device/Devices”) to be able to monitor/manage the aforesaid Devices from electronic devices such as PCs, tablets and smartphones, by connecting to the dedicated website www.cliveteye.com (“Portal”) or through the mobile application available on APPLE STORE and PLAYSTORE called “Clivet Eye” (“App”). 


The system can be activated at any time by the user, for as long as desired. Activation of the System, depending on the circumstances: a) can take place by installing an Internet connection device in the Device, via Sim card or Ethernet cable. In this case, in order to use the System, the user acquires a temporary licence to use Clivet Eye; b) may be included among the features of the purchased Device. In this case, the user accesses the System independently (but, upon request or if necessary, can still receive support from the Company for activation).
Clivet Eye allows remote control and management of the Device by the user, through a set of available mode settings, as well as remote monitoring of the Device’s operating data. Please note that the frequency of data transmission can be set according to monitoring requirements. The System also: provides a detailed overview of the Device’s operating status over time and shows current and past faults; allows CLIVET SPA and, where applicable, authorised third parties (e.g. service network) to modify the control and advanced mode settings of the Device; 
sends the user service communications/notifications on statuses and alarms, potential or ongoing faults, new functions, operating levels and suggestions for optimal use of the Device and upcoming expiries (warranty, wear and tear thresholds, scheduled interventions) in order to improve technical assistance (including any interventions on the Device) and reduce downtime and costs; and improves CLIVET SPA’s Devices and services. On an entirely optional basis, if the user consents when accessing the APP or subsequently, the System finally allows the user’s data to be processed for direct marketing purposes by CLIVET SPA (hereinafter, the use of the System by the user and the provision of the aforementioned services to the latter, for brevity simply “Services”). 


Through the System, technical information is collected (historical operating data) and personal data relating to the user may be processed (e.g. identification data, contact data - e.g. email, location data - e.g. location of the Device). 
Access to the System, historical operating data, personal data and remote control settings is provided through specific access credentials chosen by the user, valid for both the Portal and the App. 


When accessing the App or Portal for the first time, the user must register by entering the required data and information as well as:
1.     accept these Terms and Conditions of Use (T&Cs) (flag required);
2.     read the Clivet Eye data processing information (flag required);
3.     if they wish, give their consent to the processing of their data for direct marketing purposes by CLIVET SPA (flag optional).
For the provision of the Services, the Company processes technical information and data of a personal nature. Some data must be provided by the user as it is necessary for the provision of the Services (among these, for example: first and last name, email, location of the Device - physical address of installation); other data, on the other hand, is optional. Mandatory fields for creating an account are clearly marked. For more information on data processing, please refer to the Clivet Eye privacy policy (available on the Portal, the APP and the CLIVET SPA website www.clivet.com). 


3. User statements. Accounts, passwords and security.
It is the user’s responsibility to ensure that the data they provide to CLIVET SPA is up-to-date, complete and correct. The user declares that they are the owner and/or lawful user of the Device, and that they are entitled under applicable law to accept these Terms and Conditions and to use the System and the APP. Users are responsible for ensuring that their account data is correct and remains confidential, including the password, which must be considered personal, non-transferable and confidential.


Users are fully responsible for ensuring that this information remains confidential and undertake to notify CLIVET SPA immediately of any unauthorised use of the account and any breach of security (e.g. theft of the account). CLIVET SPA shall not be liable for any damage that may be caused to users as a result of a third party using their password or account for reasons attributable to the user.

4.  Deletion or deactivation due to inactivity of the user account.
With reference to the user account and its content, it is specified that: in the event that the user asks CLIVET SPA to delete the account, it shall be deactivated within a maximum period of 30 days from the request. From then on, the user will no longer be able to remotely control the Device and use the Services, through the System. Please note that the user is allowed to delete their account directly through the App without forwarding a specific request to CLIVET SPA: users are informed that the deletion process is irreversible.


Furthermore, please that the user’s account will be deactivated by CLIVET SPA in the event of prolonged inactivity. In particular, if the account is not accessed for a continuous period of 2 years, the user will receive an email notice warning them that their account may be deactivated. 
The user will have a period of 30 days from receipt of the notice to confirm their interest in keeping the account active through a positive action, such as logging in to the App/Portal or responding to the notice according to the instructions provided. If no response is received by the deadline, the account will be deactivated and the personal data associated with it will be deleted, without prejudice to any retention obligations under applicable law and without prejudice to the processing of the data/Information collected up to that point for the purpose of improving the Services and Devices. 
The user naturally retains the right to register again/create a new account. 

5. Intellectual Property and Express Prohibitions. 
The APP, its layout, its source code, as well as all content and/or materials in the APP including, but not limited to, text, user interfaces and graphics, trademarks and logos, and the design of the APP, are the exclusive property of CLIVET SPA. These contents are protected by copyright, patent and trademark provisions, and generally by intellectual property law. It is prohibited to copy, reproduce, publish, upload, send, publicly display, encode, translate, transmit or distribute in any way parts of the APP and its contents on devices such as computers, servers, websites or other media suitable for publication or distribution.


The APP user is prohibited from making any attempt to gain access to parts and/or features of the APP that they are not authorised to access, as well as to other connected systems or networks, and are expressly prohibited from using any hacking techniques, password interception or other illegal means of any kind. The user must refrain from probing, analysing or testing the vulnerability of the APP, as well as from violating the security or authentication measures required for access and/or use. It is expressly forbidden to carry out reverse search operations or to trace or attempt to trace the origin of information relating to other users. It is not permitted to use the APP for the purpose of disclosing information contained therein, even relating to third parties. The user undertakes not to use any kind of device, software, procedure or mechanism intended to interfere with the proper functioning of the APP, as well as to refrain from any use of the APP for activities that are prohibited by these Terms and Conditions or by law, or which may in any way constitute or lead to the commission of crimes or other offences.


6. Warranty exclusion. Limitation of liability.
CLIVET SPA shall endeavour to ensure that the APP is error-free and available continuously, but shall not be held liable for the presence and/or failure to correct errors or if, for any reason, the APP is not accessible or operational at a given time and/or for a certain period. Furthermore, CLIVET SPA shall not be held liable for any damage caused by the use of the APP where this is attributable to the user including, but not limited to, contamination, transmission of computer viruses, data theft, communication line failures and alterations of any other kind. Access to the APP may be suspended temporarily and without prior notice in the event of system failure, maintenance or repairs or for reasons entirely beyond the control of CLIVET SPA or force majeure events.


7. Breach of these Terms and Conditions. Disqualification or suspension from using the APP.
Should the user commit one or more violations of these Terms and Conditions, CLIVET SPA may disable access to the APP without prior notice either temporarily or permanently, depending on the seriousness of the violation. CLIVET SPA reserves the right to suspend or permanently terminate the use of the APP by users at any time and at its sole discretion, where this is necessary for the protection of its own rights or those of third parties, including the users themselves.


8. Communications.
For questions, requests or support regarding the use of the APP, you can send a request to CLIVET SPA via the Portal or through the App, to aftersales@clivet.it.