Noisehund Terms of Use

Note regarding the Noisehund app on iOS - in addition, Apple’s Licensed Application End User License Agreement also applies.

Last updated - June 6th 2024

Introduction

This User Agreement governs the contractual relationship between the developer of Noisehund products, Christpoh Software Solutions (hereinafter referred to as the Developer), and the customer (user of Noisehund products, hereinafter referred to as the User).

Noisehund products include the Noisehund (mobile) App (for supporting noise source investigations and data collection) and the Noisehund Portal (for managing and configuring connected Noisehund Apps and collected data). These products are intended to support electrical utility companies in investigating noise sources during data transmission (power line communication) from smart meters. Use for other purposes is not supported. This User Agreement is exclusively intended for business customers and excludes use by end consumers.

Use and License

Functional Scope

The basic functionality is briefly described here. A more detailed description with screenshots is available at Features.

The Noisehund App supports noise source investigations through:

• A live display (interference pattern as a chart) of the current noise levels and the current maximum value as well as the maximum value recorded since the last continuous measurement
• A history of recently recorded values and maximum values
• Option to display past patterns as an overlay with the current display
• Recording measurements with noise patterns, text, and photo for documentation purposes and as data material for future suggestions for noise source recognition
• Suggestions of possible noise sources based on already recorded measurements
• An archive of past measurements
• In the version with a company account, access to measurements from all linked devices and suggestions of possible noise sources based on the entire data pool

Basic Version

The Noisehund App is freely available as a basic version (without linking to a company account) to support noise source investigations and for testing purposes. There is no legal claim that the basic version will remain available in its current functional scope.

Version with Company Account

The version with a company account allows, in addition to the basic version, the exchange of data from all devices linked to the company account, improved noise source recognition based on a general data pool, and central configuration options (e.g., for PDF reports, customization of the data to be collected, etc.).

Creating a company account includes creating a user account on app.noisehund.com, paying the license fee, and subsequently linking the Noisehund App installed on the associated mobile devices. The linking of mobile devices is done via an activation code, whose confidentiality must be ensured by the User to prevent use by unauthorized persons.

Purchasing a license for a company account entitles the user to use the Noisehund App in its full functional scope for the agreed period for the number of device licenses included in the license and to use the Noisehund Portal (device management, configuration options, etc.) with one or more user accounts.

The Noisehund App, even in the version with a company account, is capable of offline operation; measurements can always be taken and only transmitted to the Noisehund Portal when an internet connection is available.

Software updates are provided for both the Noisehund App and the Noisehund Portal to all users. Software updates occur as needed (security updates) as well as for product improvements and new features.

The version with a company account includes the provision of security updates and bug fixes. Specifically requested additional features must be ordered separately.

Use of Collected Data and Data Protection

The data collected with the Noisehund App includes recorded numerical measurement data, photos, description texts, and is transmitted to the Noisehund Portal when linked with a company account (which represents the main use case of the Noisehund App).

For details, see the Privacy Policy.

In this sense, the collectors of the data are responsible for not capturing personal data in the Noisehund App (no photos of people or recognizable photos of houses, no customer names, etc.).

Suggestions of Noise Sources (Matching)

Recognizing noise sources based on already recorded measurements is one of the essential functionalities of the Noisehund App.

Nevertheless, due to the variety of noise patterns, even for identical device types, there is no guarantee that recognition will always work reliably. The results of the matching (hit list) are therefore always subject to uncertainty and should only be seen as suggestions. The actual identification of the noise source must be carried out and verified by technicians.

Intellectual Property

The license granted herein entitles the customer solely to use the software in accordance with the specified terms of use. Any intellectual property rights, including but not limited to copyrights, patents, and trademark rights, remain with the Developer. The User may not reproduce, modify, distribute, create derivative works from, or otherwise engage in actions that could infringe the rights of the Developer unless expressly permitted under this agreement.

User Obligations

The User is prohibited from providing personal data, especially their identity, that does not correspond to the facts.

The User uses the Noisehund services exclusively according to these terms of use.

If sensitive data has been inadvertently collected via the Noisehund App (e.g., photos of people in the background), this must be reported to the Developer as soon as possible so that it can be deleted promptly.

Limitation of Liability

To the extent permitted by applicable law, the Developer shall not be liable for any damages resulting from the use of the app unless such damages are due to gross negligence or willful misconduct on the part of the Developer. The use of the app is at the User’s own risk. The Developer does not warrant the accuracy, completeness, or reliability of the information or functions contained in the app. The User is solely responsible for the use of the app and its impact on their device and data.

Availability

The Developer strives to continuously improve the Noisehund services. If problems or outages occur, please notify us promptly so that we can address them in a timely manner. There is no legal claim (no service level agreement) for the uninterrupted operation of the Noisehund services. Since the Noisehund App inherently offers some offline capability, it can be used temporarily without connection to the Noisehund Portal. The Developer aims to perform maintenance on the Noisehund Portal outside of the users’ working hours.

Termination

The User can request the deletion of their company account at any time, and the Developer will then delete all data associated with the company account. Since the data from measurements is also made available to other users (depending on the agreement), its final deletion may only be technically possible within the Developer’s control.

Prepaid license fees will not be refunded, and there is no right of withdrawal.

The Developer reserves the right to terminate the business relationship and prevent further use with appropriate technical measures if the User repeatedly violates these terms of use and has been warned by the Developer.

Updating the Terms of Use

An update to the terms of use will be announced 30 days in advance by email.

Final Provisions

Unless otherwise agreed, the statutory provisions applicable between entrepreneurs under Austrian law shall apply exclusively, even if the use takes place abroad.

Dispute Resolution

In the event that the application of these terms of use proves difficult, the User and the Developer reserve the possibility of seeking an amicable solution before initiating legal proceedings.

For any disputes arising from these terms of use, the parties agree to the jurisdiction of the court at the Developer’s place of business.

Amendments to the Terms of Use

Any amendments to the terms of use must be made in writing.

Claims from Action or Omission

No waiver of claims can be derived from an action and/or omission by the Developer unless such waiver is expressly declared in writing.

Severability Clause

If any provision in these terms of use is found to be illegal, invalid, or unenforceable for any reason, it shall be deemed severed from the other terms; this shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. If the contract is not feasible without the invalid provision, the invalid provision shall be replaced by the corresponding statutory provision.