Last update: 04/15/2019

These terms and conditions describe the rules and regulations for the use of the MiAgua website and its monitoring services and applications.

By purchasing Miagua services we assume that you accept these terms and conditions in their entirety. Do not continue to use MiAgua services if you do not agree to all of the terms and conditions set forth on this page.

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and to any or all Agreements: “Client”, “You” and “Your” refer to you, the person accessing our services and applications and that you accept the terms and conditions of Migua. “MiAgua”, “We”, “Us”, “Our” and “Us”, refers to our business. “Party”, “Parties” or “We” refers to both the Customer and ourselves, or the Customer or ourselves.

All terms refer to the offer, acceptance and consideration of the payment necessary to carry out the process of providing our services to the Client in the most appropriat  manner. In accordance with and subject to current legislation in Spain. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken to be interchangeable and therefore refer to the same.

License
Unless otherwise stated, MiAgua and/or its licensors own the intellectual property rights to all MiAgua applications. All intellectual property rights are reserved.

Reservation of rights
We reserve the right to change these terms and conditions at any time, the latest version of the terms and conditions will always be posted on our website and there is a link in your app to view them. By continuing to use our services and applications, you agree to be bound by these terms and conditions.

Responsibility for content and service
While the goal of the service is to collect and provide you with hourly smart meter readings on a 24-hour interval and analyze this data to provide you with early warning of a potential water leak or overuse. It remains your responsibility to take action on this information. Miagua will not be responsible, financially or otherwise, for any failure to do so on your part or any cost of any required actions.

Our technology uses radio waves and may be interrupted for short periods as a result of storms, other weather conditions, and power outages. It also uses a third-party internet provider to send the data from our masts to our servers. Again, we cannot be held responsible for any data access during this period and the data will be refreshed upon reconnection, at which time any necessary warnings will be issued.

Equipment failure
If the smart water meter we provide to you fails, we will know if we will not receive a notification, or we will receive an error alert or a very low battery warning. As long as you have an active paid monitoring service with us, we’ll replace the meter free of charge.

Termination of service and refunds
You can cancel your service at any time. If it is after the first year, and if you have more than 6 months left on your monitoring service contract, on request you will receive a refund of 45 euros.

Disclaimer
To the fullest extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our services and associated data (including, without limitation, warranties implied by law with respect to satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).

Will not be accepted in this disclaimer:
Limit or exclude our or your liability for death or personal injury resulting from negligence;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set forth in this document are subject to the preceding paragraph; and will govern all liabilities arising under the disclaimer or in connection with the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory obligation.

To the extent the Services and Apps provide early warning notification of unusual or excessive leaks, we will not be liable for any loss or damage of any nature. You agree that it is your responsibility to interpret and act on this information to minimize the financial impact.