AIWA Application Terms and Conditions of Use

Welcome to the Terms and Conditions of Use for the AIWA Air Conditioning Control App. conditioned!

Before using it, it is important to know that these Terms and Conditions of Use of the Application AIWA (“TERMS”) applies exclusively to the access and use of the AIWA application products owned and operated by MK BR SA or its affiliates. These Terms are important and affect your rights, so read them CAREFULLY!

1. About the general terms and conditions of use

These Terms and Conditions of Use of the AIWA Application cover the collection, use, transfer, storage and disclosure of the personal data you share with MK BR SA when using the AIWA air conditioning control application, so that, all collection and processing of personal data will be carried out in accordance with and to comply with the purposes set out herein.

These TERMS do not alter in any way the terms or conditions of any othercontract you may have with MK BR SA in relation to other products, services or others. If you are using the AIWA application on behalf of any natural person or legal – “Third Parties”, you represent and warrant that you are authorized to accept these TERMS on behalf of this Third Party and that the Third Party agrees to be responsible if there is a breach to these TERMS.

MK BR SA reserves the right to, at any time, modify and/or update this document. TERMS without prior notice, for any adjustments or adaptations that may be required relevant to the improvement of the AIWA application. Such modifications and/or updates will be effective immediately and will be incorporated into this TERM.

The AIWA application is exclusive to customers linked to the use and control of air-conditioned. Therefore, by installing the AIWA application, the User declares that he/she has read, understood and agreed to these Terms and Conditions of Use of the AIWA Application, being fully aware of the rules and in agreement with them. 

If you do not agree with any of the terms, we recommend that you do not use the application. We clarify that the services made available in the AIWA application are intended for natural person, over 18 (eighteen), under civil law. If the User does not comply with the requirements (minimum age), you should not proceed with creating the access account or its use, under penalty of being characterized as bad faith.

The content of these TERMS must be analyzed in conjunction with our Privacy Policy. Privacy, available for access on the website, https://www.aiwa.com.br/politicas-de-privacidade.

2. Definitions

a) App or mobile application: is software developed to be installed on a device mobile electronics such as a cell phone, a smartphone. This application can be installed on the device, if the device allows it and as long as it is downloaded by the User through from an online store such as Google Play or Apple Store.

b) Android: is an operating system for mobile devices, developed by “Open Source”. Handset Alliance”, led by Google.

c) iOS: is a mobile operating system from Apple Inc originally developed for the iPhone.

d) Push Technology: is an Internet content distribution system in which the information goes from a server to a client, based on a series of parameters established by the customer, also called “subscription”. In the case of these Terms and AIWA Application Terms of Use is content to be forwarded as alerts, reminders or messages to the User who has the AIWA Application installed.

e) Partners: Partner companies of MK BR SA

f) Users: All persons over 18 (eighteen) years of age may download and use the AIWA App.

3. Use of the Application

3.1. The application is available for download in the Google Play and Apple Store. When By downloading it, you agree to use it in accordance with these TERMS.

3.2. The application allows you to control the functions of the air conditioners compatible. Make sure the air conditioner and the device are paired correctly via Bluetooth before using the app.

3.3. The application will ask for an email account and password for registration and login.

3.4. Please understand that, when registering, you are responsible for filling out the form correctly. and updating your personal information. We clarify that it is possible to change/correction of registration information in the application itself.

3.5. A single administrative user registration will be allowed, so that the administrative user may invite/authorize other users to join this group administrator, and access, viewing and use of the AIWA Application must be done by each User on a personal and non-transferable basis.

3.6. MK BR SA may withdraw or change the AIWA application, as well as the information and materials contained therein, at its sole discretion, without prior notice. This fact may not generate any type of liability if all or part of the application is unavailable at any time or for any period. From time to time, the following may occur: restriction of access to some parts of the AIWA application, or to its entirety, to users.

3.7. MK BR SA reserves the right to cancel the access account at any time. and without prejudice to the adoption of other measures that it deems appropriate, if it is found that the User provided false information, not consistent with reality or that the account access is being used in violation of the company's internal rules and regulations.

3.8. You are responsible for making all arrangements necessary for you to have access to the application and ensure that all people who may have access to the application, through of your connection, be aware of these TERMS.

3.9. It is the User's obligation to use the AIWA application correctly and ethically, complying with the purposes established in these TERMS and respecting the conditions that guide its use and purpose.

3.10. We advise you to keep your access account data confidential in relation to third parties, so as not to disclosure or sharing of password with anyone, including availability in places where other people may have access, under penalty of exclusion of the access account and compensation for any damages arising from this disclosure undue.

3.11. The User is obliged to preserve the confidentiality and individual use of his/her e-mail. email, access password and any other forms of verifying the authenticity of the account access that MK BR SA may implement.

3.12. The User acknowledges and affirms that, after his/her correct digital authentication, all accesses made are interpreted as having been made by him in a manner indisputable, being responsible for the acts and operations carried out in the AIWA application through your access account, including the granting by the administrator user of access to other users, as to acts arising from improper use or disclosure of this account for third parties.

3.13. The sole person responsible for any use made from the administrator access account will be own Administrator User and the others granted.

3.14. The User is hereby obliged to reimburse MK BR SA for all convictions and losses suffered that originate from acts carried out on your account. In this In this case, you must assume the passive role in any legal action or procedure. administrative and request the exclusion of MK BR SA, including bearing all the costs expenses and legal costs arising therefrom, exempting it from all losses and burdens.

4. Information Collected

4.1. The application collects the following personal data to enable its operation and improve user experience:

A. Information provided directly by the user:

  • Email account for registration and login;
  • Access password (stored in encrypted form).

B. Information Collected Automatically:

  • IP address of the device used to login;
  • Login time;
  • Operational data on the use of the Application.

C. Information transmitted by the device:

  • Air conditioning status, including settings and status operation;
  • IP address of the air conditioning device connected to the App.

4.2. Please also note that the Google Play and Apple Stores may collect information about downloading and using the application in accordance with their respective policies privacy. We recommend that you read and be aware of the privacy policies available on Google Play and Apple Store before downloading.

5. Purpose of Data Processing

5.1 The data collected is used to:

  • Allow the Application to function properly;
  • Authenticate user access;
  • Monitor and improve the performance of the Application;
  • Ensure security and prevent fraud;
  • Comply with legal and regulatory obligations.
  • Inform you about updates to our privacy policy or products (non-marketing purposes)
  • Research on the quality of our products and monitoring of their performance.

6. Data Sharing

6.1 The data collected may be shared with third parties in the following ways situations:

  • Service providers: Third-party companies that assist in the operation of the Application (such as cloud hosting providers and technical support);
  • Government authorities: When required by legal obligation or decision judicial;
  • Companies of the same economic group: For development and improvement of services.

6.2 Your personal data will not be transferred, sold, rented or disclosed in any way. any way that is not described and that has a specific purpose compliance with what is established in these “TERMS”.

6.3 It is important to note that if you use voice assistant applications on your device to control your air conditioning, the connection and access records are stored by the voice service provider of these third parties, and not by us.

7. Data Storage and Security

7.1 The data collected is stored on secure servers and protected by measures appropriate technical and organizational measures to prevent unauthorized access, leaks or misuse.

7.2 Personal data will be kept for as long as necessary to comply with the purposes described in these TERMS, respecting the applicable legal deadlines.

7.3 Although MK BR SA adopts strict security measures to protect your data against unauthorized access, leaks or improper changes, no system is completely immune to risks. In the event of a security incident that could compromise your personal data, we will take immediate steps to mitigate the impacts and we will notify affected users as required by law applicable.

8. User rights

8.1 You have the following rights in relation to your personal data:

  • Access and obtain a copy of your data;
  • Correct inaccurate or outdated information;
  • Request the deletion of your data, except when retention is required by law;
  • Revoke your consent for data processing, where applicable;

8.2 To exercise any of these rights, please contact us by email: privacidade@aiwa.com.br.

9. International Data Transfer

9.1 Your data may be transferred to and stored on servers located outside the Brazil. MK BR SA guarantees that this transfer will occur in compliance with the laws applicable data protection laws, including the adoption of appropriate safeguards.

10. Cookies and Similar Technologies

10.1 The Application may use cookies and similar technologies to improve the experience user, analyze usage trends and ensure the proper functioning of the services.

10.2 You can manage your cookie preferences through your browser settings. device.

11. License

11.1. All intellectual property rights related to the Application, including, but not limited to trademarks, copyrights and patents, are the exclusive owned by or licensed to MK BR SA. Nothing in these TERMS grants you rights over such intellectual property.

11.2. You are not permitted to:

  • Copy, reproduce, publish, distribute, transmit, disclose, display, edit, modify, create derivative works or in any way exploit any part of the content made available.
  • Framing or using framing techniques to include our brand trademark, logo or other proprietary information.
  • Use any meta tags or any other "hidden text" utilizing our name or registered trademarks.
  • Delete, remove or alter any copyright, trademark or other notice of property appearing in or on the content made available by the application AIWA.
  • Take no action to jeopardize, limit or interfere in any way with our rights to AIWA app content .
  • Portray our product in a false, misleading, derogatory or offensive manner.

11.3. MK BR SA reserves the sole and exclusive right, at its discretion, to claim claims against third parties for infringement or misappropriation of the rights of intellectual property.

11.4. The name, TERMS, logos, trademarks and all related names, product and service names, designs and slogans are registered trademarks (or trademarks affiliated or licensed commercials) of MK BR SA You must not use these marks without our prior written permission.

11.5. Subject to the restrictions of these TERMS, you may use the Application for personal purposes and non-commercial. You are not authorized and therefore will not assist or guide any third person to: (i) extract, separate, remove or copy the content made available on AIWA application ; (ii) disassemble, decompile, reverse engineer or convert any part of the content made available in source code or in a perceivable form by the user; (iii) adapt, modify or create a derivative work of the AIWA application; (iv) distribute, encumber, lease, rent, sell, convey, transfer or otherwise dispose of the content made available, in whole or in part; or (v) use the content of the AIWA application for any other purpose.

11.6. You represent and warrant that you will not use the AIWA App:

  • In any way that violates any Brazilian law or federal regulation, applicable state, local or international laws (including, without limitation, any relating to the export of data or software to and from the USA or other countries).
  • To knowingly send, receive, upload, download, use or reuse any material that does not comply with these TERMS.
  • To transmit, or procure the sending of, any promotional material without our express consent; prior written consent, including any “junk mail”, “letter in chain” or “spam” or any other similar request.
  • To represent or attempt to impersonate MK BR SA, any of its employees, another user, or any other person or entity (including, without limitation, using email addresses or screen names associated with any of of the previous ones).
  • To engage in any other conduct that restricts or inhibits the use or any person's use of the application, or which, as determined by MK BR SA, could harm us or our users or expose them to responsibility.

11.7. Additionally, you agree not to:

  • Use the AIWA application in any manner that could disable, overload, damage or impair its proper functioning or interfere with the use of the AIWA application by any other party, including its ability to perform real-time activities through the application.
  • Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any material made available.
  • Use any device, software or routine that interferes with the operation of suitable for the AIWA application .
  • Introduce any viruses, Trojan horses, worms, logic bombs or other malicious material malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the AIWA application , the server on which the application may be stored or any server, computer or database connected to the application.
  • Attempt to interfere with the proper functioning of the AIWA application .

12. Responsibility

12.1. The Application is provided "as is" and "as available", without any express or implied warranties. There is no guarantee that the application will work without errors, interruptions, delays or failures, with MK BR SA making every effort for the continuous and permanent availability of the AIWA application.

12.2. MK BR SA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE INTEGRITY, SAFETY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF APPLICATION. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT THE DEFECTS WILL BE CORRECTED, THAT THE APPLICATION OR THE SERVER THAT MAKE AVAILABLE ARE FREE OF VIRUSES, INTERFERENCE, HACKER ACTIVITIES OR OTHER SECURITY INTRUSION AND HARMFUL COMPONENTS OR THAT APPLICATION OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, SINCE MK BR SA DOES NOT HAVE ANY RESPONSIBILITY IN RELATION TO THIS, ESPECIALLY IN THE CASE OF THIRD PARTY FAULT.

12.3. Under no circumstances will MK BR SA be liable for any damages direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the application, including damage caused to the air conditioning, devices or any other related equipment.

12.4. The information presented through the AIWA application is made available for general information purposes only. MK BR SA disclaims all liability, including, but not limited to, liabilities arising from any reliance deposited in such materials by you or any other users of the Application, or by anyone who may be informed of any of its contents through unofficial media outlets. All statements and opinions expressed on this material and all articles and answers to questions and other contents, other than the material we provide, are only the opinions and responsibility of the person or entity providing such materials. Such materials are not necessarily reflect our opinion. MK BR SA is not responsible, to you or third parties, for the content or accuracy of any materials provided by third parties.

12.5. If you fail to comply with any provision of these TERMS, you agree to indemnify and exempt MK BR SA., its employees, directors, affiliates and partners of any claim, suit, demand, loss, liability, cost or expense, including reasonable attorneys' fees, arising out of or related to your non-compliance.

12.6. This compensation includes, but is not limited to:

  • Damages caused to third parties, due to any action or conduct by you when using the application.
  • Violation of intellectual property rights, including trademarks, copyright or patents, when copying, modifying, distributing, selling or exploiting commercially any part of the Application without prior written authorization from MK BR SA
  • Improper use of the application that results in direct, indirect, incidental, consequential, special or consequential damages to MK BR SA ., other users or third parties.

12.7. MK BR SA reserves the right to assume the exclusive defense and control of any subject to compensation by the user. In such case, you agree to cooperate fully with us in the defense of any claim.

12.8. The user's duty to compensate shall remain in force even after the termination or discontinuation of use of the application.

13. Changes to Terms and Conditions

13.1. MK BR SA reserves the right to modify these TERMS at any time, to reflect changes to our legal, operational, or services. However, we will notify you of any changes to our users about significant changes regarding the privacy of personal data and, when necessary, we will request new consent.

14. General Provisions

14.1. These Terms and Conditions of Use of the AIWA Application constitute the agreement complete agreement between you and MK BR SA regarding the use of the application.

14.2. If any provision of these TERMS is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3. In the event of any failure by MK BR SA to exercise any right or provision of these TERMS shall not constitute a waiver of such right or provision.

14.4. You may notify MK BR SA in writing of any objectionable content. The MK BR SA will make every effort in good faith to investigate all allegations of content objectionable that violate the TERMS, without the warranty of representation or any action related to them.

15. Notices for Complaints

Please send all legal notices under these TERMS to:

MK BR SA

  • CNPJ 07.666.567/0007-36
  • Address: Rua Ministro João G. de Araujo, 1274, Industrial District I, Manaus- AM,

ZIP Code 44.245-000

16. These Terms and Conditions of Use of the AIWA Application will be governed by and construed in accordance with the laws of the Federative Republic of Brazil. Any dispute arising from these Terms and Conditions shall be subject exclusively to the jurisdiction of the courts competent authorities of that jurisdiction.

Thank you for using our AIWA air conditioning control ap.