VELUX ACTIVE with NETATMO | Terms of use

Effective from 1st April 2019

1. Scope of Terms of Use

These Terms of Use govern the VELUX ACTIVE product. Here, you can find relevant and important information about your new product and how to use it. For questions regarding installation, the app, third party applications, data and the automatic functions, please see the FAQ on the VELUX ACTIVE Support page. For further information about the product, compatibility & the benefits of VELUX ACTIVE kindly see your national VELUX website.

2. Product content

VELUX ACTIVE indoor climate control consists of the following elements:

Gateway
Indoor climate sensor
Departure switch ACTIVE control (Automatic indoor climate control)
VELUX ACTIVE app control

3. Product specification

Check that the gateway can operate the relevant products from the chosen position before final fixing. VELUX ACTIVE indoor climate control is based on two-way RF (radio frequency) communication and marked with the symbol [↔]. This symbol can be found on the data label.
Radio frequency band: 868.25 MHz / 868.95 MHz / 869.85 MHz (io-homecontrol® in Europe), 2.425 GHz / 2.450 GHz / 2.475 GHz (io-homecontrol® in the rest of the world), 868.2 - 868.6 MHz (indoor climate sensor and departure switch in Europe and China), 921.2 - 921.6 MHz (indoor climate sensor and departure switch in the rest of the world), 2.400 - 2.496 GHz (WiFi 802.11 b/g/n).
Maximum transmission power: 3.2 mW (indoor climate sensor and departure switch in Japan), 12,6 mW (indoor climate sensor and departure switch in the rest of the world), 19.6 mW (io-homecontrol® in Europe), 25,1 mW (io-homecontrol® in the rest of the world), 31,6 mW (WiFi 802.11 b/g/n in Europe), 100 mW (WiFi 802.11 b/g/n in the rest of the world). Radio frequency range: 300 m free field.
Depending on building construction, the indoor range is approx. 30 m. However, constructions with reinforced concrete, metal ceilings and plaster walls with steel members may reduce the range.
Electrical products must be disposed of in conformity with national regulations for electronic waste and not with household waste.
Used batteries must not be disposed of together with household waste but have to be disposed of in conformity with the relevant national environmental regulations. Batteries contain substances that can be harmful if not handled and recycled correctly. Use local authority battery disposal point where available.
The packaging can be disposed of with usual household waste.

4. Installation & operation

To install and operate VELUX ACTIVE you must download the VELUX ACTIVE application from either Google Play or Apple´s App Store, or alternatively use the Apple HomeKit application. For further details, please see the VELUX ACTIVE Support page

When the VELUX ACTIVE application is installed and operating, the ACTIVE control (automatic indoor climate control) is enabled. You can customise ACTIVE control at any point in time via the VELUX ACTIVE application in the settings under "ACTIVE control". The customisation can be done individually for all rooms with an indoor climate sensor.

5. Users and guests

The first user, who installs the VELUX ACTIVE application, creates the account ("the Administrator"). The Administrator can invite guests to the account and guests obtain similar terms as the Administrator. Guests can also invite other guests to the account on similar terms as the Administrator and other guests. The Administrator and/or guests must delete inactive or redundant users. The VELUX ACTIVE Terms of Use and Privacy Policy applies for guest accounts as well. Please see information below in section 11 regarding the discontinuation and deletion of users (both Administrator and guests).

6. Maintenance

VELUX ACTIVE indoor climate control requires a minimal amount of maintenance.
The surface may be cleaned with a soft, damp cloth.
Disconnect mains or battery supply to the window and products connected to it before carrying out any maintenance or service work. Further, ensure that it cannot be reconnected unintentionally.
Expected battery lifetime: Min. 2 years.
Spare parts are available from your VELUX sales company.
If you have any technical questions, please search for technical help on the VELUX ACTIVE application or contact your VELUX sales company via the VELUX ACTIVE Support site

7. Restrictions on ACTIVE Control - When does my window/blind/shutter not operate?

Under certain weather conditions, the ACTIVE control (automatic indoor climate control) will not execute its intended functions until the weather conditions again allow such execution, e.g. in the event of heavy rain, where the window will not open. In the case of certain weather conditions, you will receive a notification explaining why your ACTIVE control is not executing the functions as intended.

8. Guarantee

VELUX grants you a guarantee. The guarantee will commence from activation. The VELUX Guarantee is available on www.velux.co.uk/legal/guarantee. VELUX shall not be liable if any of the events or circumstances referred to in sections 9, 10 or 13 occur.

9. Third Party applications, products or services

You can choose to integrate VELUX ACTIVE with third party applications other than Apple HomeKit, products or services intended for integration with VELUX ACTIVE (eg. Google Home). These third-party applications, products or services are governed by and subject to these third parties' terms and conditions and policies. VELUX is not liable for this integration. VELUX is not responsible for and does not assume liability for third parties' applications, products or services and a successful integration with VELUX ACTIVE. Moreover, VELUX does not assume liability for third parties' errors or omissions, which results in any interruption of the operation of VELUX ACTIVE.

9.1. Apple HomeKit

VELUX ACTIVE is integrated with Apple HomeKit. This means that your interactions with the VELUX ACTIVE App control, are sent to the Apple HomeKit app (Home). The current status and parameter values are stored in the Apple HomeKit database. Any question about Apple HomeKit must be addressed to Apple. Apple's processing of personal data is regulated in Apple's Privacy Policy and terms and conditions for Apple Homekit available at www.apple.com. Please be aware, that if you install VELUX ACTIVE via Apple Homekit, the functionality of VELUX ACTIVE is limited to product operation and display of sensor values. You need a departure switch to disable the automatic opening of windows when leaving your house, as you are not able to disable the opening of your windows via the Apple HomeKit app. HomeKit (using the Home app) Controlling this HomeKit-enabled accessory requires an iPhone, iPad, or iPod touch with iOS 9.0 or later. Controlling this HomeKit-enabled accessory automatically and away from home requires an Apple TV with tvOS 10.0 or later or an iPad with iOS 10.0 or later set up as a home hub.

9.2. Google Home

If you decide to link your account to Google Home, you will give Google permission to control your devices. VELUX is not responsible for the integration of Google Home or the Google Home application. Any questions about Google Home must be addressed to Google. Their privacy policy and terms of use are available at https://support.google.com/googlenest

9.3. Analytics

VELUX use anonymous usage data to optimise the usability of the software included in the VELUX ACTIVE products. For this purpose, we use Fabric IO and Google Analytics.

10. Updates of the VELUX ACTIVE app

You are required to always have the most recent version of the VELUX ACTIVE application installed. If you are not using the most recent version of the VELUX ACTIVE application, VELUX cannot be held responsible, and will assume no liability, for the operations and security of VELUX ACTIVE. Updates to the VELUX ACTIVE application will be made available or pushed out from VELUX A/S via App Store or Google Play and requires your action to install it on your mobile device.

11. Discontinuation of using VELUX ACTIVE

If you wish to discontinue the use of VELUX ACTIVE for whatever reason, you must reset the gateway before disconnecting your gateway permanently.

Please see instructions on resetting of the gateway on your local VELUX ACTIVE Support site.

When you disconnect the gateway, we receive the information that you have terminated your commitment with VELUX. At our receipt of this information, we stop collecting data on all users being connected to the gateway. We store your historical personal data in the periods described in the VELUX ACTIVE Privacy Policy. If you reconnect your gateway at a later stage, we resume collecting data as described in the VELUX ACTIVE Privacy Policy.

In order to ensure that you do wish to disconnect your gateway permanently, the following procedure must apply for anonymisation of your personal data: Approximately 7 months after disconnecting your gateway, you will be asked to verify that the disconnection is permanent via email. In this case, your data will be anonymised automatically. If you do not react to the email, your data will be anonymized automatically approximately 3 months after and under no circumstances later than one year after disconnection of the gateway, c.f. VELUX ACTIVE Privacy Policy.

11.1. Indirect ways of discontinuation

If you wish to discontinue using VELUX ACTIVE, you must adhere to the procedure described in section 11 above.

If you do not reset the gateway, but initiate other actions, the following occur:

You delete your user id (email address) in the VELUX ACTIVE application:

In case there are more users registered on the account, and you delete your user id (email address) you lose your access to the VELUX ACTIVE application. Henceforth, we will not be able to identify any data on you in the periods mentioned in VELUX ACTIVE Privacy Policy, your email address will be deleted from your historical data as well. However, the VELUX ACTIVE account remains active and other users registered in the VELUX ACTIVE application can continue using the application.

In case there is only one user id (email address) registered in the VELUX ACTIVE application, you close your account, and we discontinue the collection of your data. Moreover, we delete your personal data, and as a result hereof non-personal data will be anonymised, so we can no longer identify you based on your data. Please see more information in the VELUX ACTIVE Privacy Policy Please be aware of both scenarios described above. The Apple HomeKit app will still be active and operational until you disable the accessory (VELUX ACTIVE) in the Apple HomeKit app.

Please be referred to Apple's homepage for more information.

You delete the VELUX ACTIVE application:

In this scenario VELUX will not be notified of your termination until an update to the VELUX ACTIVE Terms of Use or Privacy Policy is pushed out. If you do not respond to the Terms of Use or Privacy Policy update, we will contact you to learn whether you wish to continue or discontinue using VELUX ACTIVE (refer to section 11).

When VELUX receives confirmation of your termination, the storage periods in the VELUX ACTIVE Privacy Policy are triggered. The Apple HomeKit app will still be active and operational until you disable the accessory (VELUX ACTIVE) in the Apple HomeKit app. Please be referred to Apple's homepage for more information.

You stop using the VELUX ACTIVE application (inactivity):

You may not use the VELUX ACTIVE application actively, but the automatic controls continue. If you do not confirm or accept updates to the VELUX ACTIVE Terms of Use or Privacy Policy when pushed out, we will contact you to learn whether you wish to continue or discontinue using VELUX ACTIVE (refer to section 11).

Please be referred to Apple's homepage for more information. Please be aware, if you move from your home with VELUX ACTIVE installed and you do not remove the gateway, you must reset the gateway so you can no longer control the windows via your app.

12. If you take over VELUX ACTIVE e.g. from a previous owner of your home

In case you move into a home where VELUX ACTIVE is already installed by the previous owner, it is your responsibility to reset the gateway, please see section 11. If you fail to reset the gateway, the previous owner may still have control over your VELUX products.

13. Disclaimers & safety warnings

13.1. NOT a warning device

VELUX ACTIVE cannot function as a warning device for extreme temperature conditions, nor high humidity conditions.
The indoor climate sensor is not designed to function during temperatures outside the temperature range as informed about in the product specifications. This means that in the case of temperatures outside of such range, your sensor values may be inaccurate and your VELUX ACTIVE control may not open and close your windows and/or accessories as per your automatic settings.
As per above, VELUX ACTIVE is NOT a fire alarm system or a smoke ventilation system, and should not be used as a substitute for a suitable fire alarm or smoke ventilation system in your home.

13.2. NO manipulation or unintended integration

You are not allowed to manipulate the VELUX ACTIVE product in any way, or to combine the product with third party applications not intended for integration with VELUX ACTIVE, either for your own use or for further distribution.
In case of power cut and interruption of circuit, your VELUX products will not be able to function until the power has been re-established.
If your internet connection is disrupted, you will not be able to operate your VELUX products via the VELUX ACTIVE application. You can still operate your VELUX products via physical local controls.

13.3. Restrictions in use

VELUX ACTIVE indoor climate control can be used by persons with sufficient experience and knowledge if they have been given instruction concerning safe use and understand the hazards involved.
Children must not play with VELUX ACTIVE indoor climate control (departure switch, indoor climate sensor and app).

13.4. Moving into a home with VELUX ACTIVE installed

In case you move into a home where VELUX ACTIVE is already installed by a previous owner you must reset the gateway to ensure that the previous owner no longer has control over your VELUX products. If you fail to reset the gateway, VELUX shall not assume any liability in case of trespassing or other consequential actions as a result of your lack of resetting of the gateway.

13.5. Leaving your home

When leaving your home, it is important that you activate your departure switch in order to disable the automatic opening of your windows. You do this by clicking the "padlock icon" on the departure switch, or via the VELUX ACTIVE application.
You or guest users can at any time open the windows via physical local controls, the VELUX ACTIVE application or any third-party applications.
If you have installed the app via Apple Homekit, you can only disable the automatic opening of your windows by using the departure switch.
We shall not be liable to you, the Administrator or any guests invited to your account if the VELUX ACTIVE product or the VELUX ACTIVE application is used other than in accordance with these terms of use or any other instructions for use which we may give to you. Nothing in these terms of use limits or excludes any liability which cannot legally be limited or excluded under applicable law, including but not limited to liability for (a) death or personal injury caused by negligence and (b) fraud or fraudulent misrepresentation.

14. IPR

The VELUX ACTIVE content, system and product is subject to copyright, patent and trade mark and other intellectual property rights. Patents and trade marks are used under licence by the VELUX Group. Text, photographs, drawings, graphics, sounds, data, computer code etc. are subject to copyright owned by the VELUX Group.

Copyright VELUX A/S 2017. All rights reserved. Reproduction and distribution prohibited without written authorisation from VELUX A/S. VELUX ACTIVE with Netatmo, smart solution co-developed with Netatmo Security.

15. IT Security

IT security is of great concern to VELUX and we ensure IT security by different means such as technical, physical and organisational security measures. IT security for VELUX ACTIVE relates to device security, software security and data security.

Technical security measures are, for example, access management to it systems, encryption of data transmissions and data storage, automatic virus programs, firewall programs, server restoring and backup, access to it-systems via individual usernames and passwords, screensaver locking, control with denied access, IT security audits.

Physical security measures are for example locked physical archives, access control to buildings via personal access cards, burglary alarms and video surveillance.

Organizational security measures are for example training of employees in IT-security, establishment of procedures and policies for IT-security and personal data processing.

VELUX subcontractors are instructed to comply with similar IT-security as described above and are subject to IT audits performed by VELUX.

If you would like to know more about VELUX IT-security, please contact your local VELUX sales company.

For VELUX ACTIVE the following specifics apply:

Device security

All communication between the VELUX ACTIVE devices (gateway, indoor climate sensor, departure switch, VELUX INTEGRA® products) in your home is encrypted. Please ensure that you always update your devices to the newest app software for optimal security, as described in section 10.

Software

All VELUX controlled data communication between the VELUX ACTIVE application control and the corresponding backend systems, are encrypted.

Personal Data

VELUX complies with applicable national and international personal data protection laws and regulations. For information about how we keep personal data safe, please see the VELUX ACTIVE Privacy Policy

16. Declaration of conformity

We herewith declare that VELUX ACTIVE indoor climate control KIX 300 (gateway 3LG E01/NXG01E, indoor climate sensor KLA 300/3LA E06/NXS01 and departure switch KLN 300/3LN E01/NXD01E) is in conformity with the Radio Equipment Directive 2014/53/EU and the RoHS Directive 2011/65/EC and has been manufactured in accordance with the harmonised standards EN 60950(2006)+A11(2009)+A1(2010)+A12(2012)+A2(2013), EN 55032(2015), EN 301489-3 v2.1.1, EN 300220-2 v3.1.1, EN 300220-1 v3.1.1, EN 300440-2 v1.4.1, EN 300440-1 v1.6.1, EN 300328 v2.1.10 and EN 50581(2012).

FCC Statement

VELUX ACTIVE indoor climate control has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation.

VELUX ACTIVE indoor climate control generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation.

lf VELUX ACTIVE indoor climate control does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

Reorient or relocate the receiving antenna.
Increase the separation between the indoor climate control and receiver.
Connect the indoor climate control into an outlet on a circuit different from that to which the receiver is connected.
Consult the dealer or an experienced radio/TV technician for help.

FCC Radiation Exposure Statement

VELUX ACTIVE indoor climate control complies with FCC RF radiation exposure limits set forth for an uncontrolled environment. This transmitter should be installed and operated with a minimum distance of 20 centimeters between the radiator and your body and must not be co-located or operating in conjunction with any other antenna or transmitter. VELUX ACTIVE indoor climate control complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

VELUX ACTIVE indoor climate control may not cause harmful interference, and VELUX ACTIVE indoor climate control must accept any interference received, including interference that may cause undesired operation.

Canadian Compliance Statement

VELUX ACTIVE indoor climate control complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two conditions: (1) VELUX ACTIVE indoor climate control may not cause interference, and (2) VELUX ACTIVE indoor climate control must accept any interference, including interference that may cause undesired operation of the device.

This Class B digital apparatus complies with Canadian ICES-003.

VELUX ACTIVE indoor climate control and its antenna(s) must not be co-located or operating in conjunction with any other antenna or transmitter.

UL 2043 Compliance

The access point has adequate fire resistance and low smoke-producing characteristics.

VELUX ACTIVE indoor climate control is suitable for operation in a building's environmental air space, such as above suspended ceilings. The access point complies with Section 300-22(c) of the NEC and with Sections 2-128, 12-010 (3), and 12-100 of the Canadian Electrical Code, Part 1, C22.1.

17. Contact

VELUX Company Ltd
Woodside Way
Glenrothes
Fife
Scotland
KY7 4ND
Tel: 01592 778225
Email: sales@velux.co.uk

VELUX Company Ltd. is registered in Scotland (number 70286)

Terms of Use for VELUX ACTIVE with NETATMO