Terms of Use
1. About these terms
Please read these Terms of Use carefully along with our Privacy Policy. These terms tell you who we are, how we will provide the De’Longhi Comfort App (the "App") to you, how we may change the App, what to do if there is a problem and other important information.
By downloading and installing or otherwise using the App you agree to be bound by the following terms and conditions, including any updates or supplements to the App as mentioned in paragraph “Content and Purpose of this App ” below (the "Terms of Use"), unless such updates or supplements come with separate terms, in which case those terms will apply. We reserve the right to update these Terms of Use in accordance with paragraph “The Product and Personal Data ” below.
If you do not agree with these Terms of Use or our Privacy Policy you should not use the App.
2. Information about us and how to contact us
We are De’Longhi Appliances SRL ("De’Longhi" or "we" or "us" or "our") a company registered in Italy. Our company office is at Treviso, via L.Seitz 47, 31100, Italy
The App, supplied by De’Longhi Group, is used to create a De’Longhi user account and operate De’Longhi Comfort Connected Appliances.
You can contact us at https://www.delonghi.com/en-int/customer-support or at De’Longhi addresses mentioned in section 5 of this document.
If we have to contact you we will do so by writing to you at the email address provided by you during the registration process (please see paragraph “User registration ”).
When we use the words “writing” or “written” in these Terms of Use, this includes emails.
The App will be available and can be supported by us in: English, Slovak, German, Spanish, French, Greek, Portuguese, Italian, Dutch and Czech.
3. Content and Purpose of this App
The application at hand (the “App”) has been developed to be used with Android or iOS based device only, via Wi-Fi and Bluetooth connection.
The App De’Longhi Comfort allows you to control your iOS or Android device (iPhone, iPad, Android phone or tablet) and to manage its functions and settings. By means of the App you shall also have access to a wide range of additional features and services, listed below (the “Services”) available through web connection.
The App allows you amongst other things to:
a) Fully control the standard local features of the appliance
b) Communicate directly with customer care through messages
c) Enable advanced capabilities made by De’Longhi
d) Scheduling a weekly timer on the appliance
e) Receiving in-app and push notifications
f) Performing Over The Air (OTA) update of appliance software.
g) Link the appliance to voice assistant
Please note that the Product is an electrical device, remember to carefully read the instruction manual included in the Product package before using it. The App functionalities might vary depending on the type of product connected.
In addition, when you control the Product remotely through our App, you are liable that the Product operates in a safe manner, in line of your sight and with no risk for children or other persons in contact with the Product while executing any specific function.
Please keep your device (iPhone, iPad, Android phone or tablet) connected to the internet, as the smart device connects to the connected appliance via the cloud, not directly; with such respect, You acknowledge and agree that the operation of the App is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.
Please remember that the download of our App and its use, generates data traffic that is deducted from your monthly data transfer capacity.
4. User Registration
In order to remotely operate a De’Longhi Comfort connected appliance you must:
(a) register with De’Longhi using the App and create a De’Longhi User Account. De’Longhi will require a valid email address for this purpose. The email address and other information you provide will be stored securely on De’Longhi CRM. When registering with us, you promise are responsible that the information given for your De’Longhi User Account (together with any other information which you may from time to time provide to us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading. You are also responsible for notifying us of any changes to such information in order to ensure that your De’Longhi Use Account is up-to-date. We will protect your account using an email address and password system. You must ensure that you have appropriate security measures in place to ensure that:
(i) any email address and password that you choose or we allocate to you is used only by you; and
(ii) the security and confidentiality of your email address and password is maintained at all times and not disclosed to other individuals or third parties;
(b) keep your device (iPhone, iPad, Android phone or tablet) connected to the internet, as the smart device connects to the connected appliance via the cloud, not directly;
(c) provision your De’Longhi Connected Appliance to your home Wi-Fi network and ensure it is connected. "Provisioning" means the connection of the De’Longhi Connected Appliance to your home Wi-Fi network. To provision your De’Longhi Connected Appliance follow the "Setup your Appliance" instructions in the downloaded App; and
(d) pair your De’Longhi Connected Appliance to your De’Longhi User Account. "Pairing" means the linking of a De’Longhi User Account with a De’Longhi Connected Appliance.
5. The Product and Personal Data
Your Product data and Personal data are collected and processed exclusively to allow you to use your Product as per the previous paragraph.
Depending on the country where Appliance is connected, the Data Controller of data collected are respectively:
· De’Longhi Australia Pty Limited, with registered office established at Unit 3, 43 Lyn Parade, Prestons NSW 2170 Australia.
· De’Longhi New Zealand Limited , with registered office established at 99 Khyber Pass Rd, Grafton, Auckland 1023 New Zealand.
The access to the app is done by registering an account with the Cloud provided by De’Longhi Appliances SRL, who was appointed as Data Processor.
Your personal data may be accessed by duly-authorized De’Longhi employees and by external suppliers, appointed, if necessary, as data processors, who support us in providing services.
For the purposes of the performance of their activities and to follow up on the above mentioned purposes your personal data may also be accessed by other De’Longhi Group companies.
For further information about the De’Longhi Privacy Policy see
Australia: https://www.delonghi.com/en-au/legal/privacy-policy-au
New Zealand: https://www.delonghi.com/en-nz/legal/privacy-policy
6. Ownership and Intellectual Property
All the audio, video, graphic, photographic content of the App, as well as data, texts, advertisements, slogans and trademarks contained in it are exclusive property of De’Longhi Group and are subject and protected by the applicable copyright and intellectual property laws.
Unless differently indicated by De’Longhi, any non-authorized duplication, modification, elaboration, distribution, reproduction and/or reutilization, in whole or in a part, of the content of the, is strictly prohibited.
All other rights not expressly granted in these Terms are hereby reserved by De’Longhi.
7. Download and License
You are required to download our App exclusively in the designated mobile devices equipped with the most updated version of their operating system.
By installing and using the App, you are granted by De’Longhi a limited, personal, non-exclusive, non-transferable, and revocable license (without the right to sublicense) to use the App and the related Services.
By installing and using the App you therefore accept to be legally bound by these Terms that will remain in full force and effect so long as you continue to access the App or use the Services, or until terminated in accordance with the provisions of these Terms.
8. License restrictions
You expressly agree to use the App only in full compliance with these Terms and in however not in a manner that is prohibited by any laws or any regulation, or that could harm De’Longhi, its personnel, and its service providers.
You are not allowed to copy, reproduce, repost, distribute, modify, display, prepare derivative works or any software based on, republish, transmit, reverse engineer, disassemble, or decompile or otherwise use our App, nor apply any other process or procedure to derive the source code of any software included in the App. In any case, You are not allowed to act fraudulently or maliciously (including hacking into the App or inserting malicious code, viruses or harmful data into the App or any operating system).
9. User content
You are responsible for properly configuring, maintaining and using the App. When used to publicly share information, opinions and any other content, you are solely responsible for it and for any possible implied consequence. De’Longhi discourages any use of the App in a way that is deceptive, harmful, obscene, unfair, defamatory, infringing, or otherwise objectionable.
User content is provided by you and any other end-users. We do not endorse opinions, recommendations, or advice expressed therein.
You must not:
(a) use the App in any illegal manner, for any illegal purpose or in any manner inconsistent with these Terms of Use;
(b) be below the age of 16;
(c) upload content that isn't yours;
(d) act fraudulently or maliciously (which includes not hacking into or inserting malicious code, viruses or harmful data into the App or any operating system);
(e) collect or harvest any information or data from the App or our systems or attempt to read any messages or information not meant for you;
(f) undertake any activity which infringes (or has the risk of infringing) our intellectual property rights or any third party’s intellectual property rights related to the App (including by attempting to build an app that is the same or similar to the App); or
(g) carry out any activity which damages or may damage our reputation, or harms, threatens or harasses us or any other person or organization.
10. Suspension, Termination and Discontinuance
De’Longhi may temporarily or permanently (a) suspend or interrupt the use of the App and/or the Services, (b) alter or change the use of the App and/or the Services, and/or (c) revise or terminate these Terms, notifying you at any time such actions. You shall be then subject to the Terms in force anytime. Any new features that enhance or diminish the current App or Services, shall be subject to the Terms. Continued use of the App and of the Services after any such changes shall constitute your consent to such changes.
11. Warranty Disclaimers
The use of the App is subject to the same age restriction as the use of the Product, as indicated in the “Fundamental Safety Warnings” reported in the Product’s user manual.
Without limiting the foregoing, you expressly acknowledge and agree that the App are provided on an “as is” and “as available” basis and that their use is at your sole risk without any warranties, representations or conditions of any kind, with all faults and without any endorsement by De’Longhi. To the maximum extent permitted by law, De’Longhi shall have no liability whatsoever arising from or relating to your use of the App and disclaims all warranties and conditions with respect to the App, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights.
De’Longhi does not warrant that the functions contained in the App performed or provided by will meet your requirements or needs, that the App is free from any defects and error, or that defects in the App will be corrected. No oral or written information or advice given by application provider or its authorized representative shall create a warranty. Some jurisdictions do not allow the waiver or exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
12. Limitation of liability
To the extent not prohibited by law, in no event shall application provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall application provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose to the extent not prohibited by law, in no event will De’Longhi, be liable for any indirect or consequential damages whatsoever including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out procurement of substitute goods or services; loss of use, data, or profits; business interruption; or personal injury or death however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the App, even if advised of the possibility of such damage. De’Longhi aggregate liability with respect to its obligations under these terms, with respect to the App or otherwise shall not exceed the amount equal to 50% of the price you paid for the connected product.
13. Customer Service
If you have any questions or concerns regarding the owned Comfort product/appliance, the App De’Longhi Comfort or these Terms, please contact De’Longhi Customer Service.
14. Governing Law
These conditions of use shall be construed, interpreted and governed by the laws of Australia without regard to conflicts of law provisions thereof.