YOKIS YNO HOME AUTOMATION APPLICATION GENERAL TERMS OF USE

Introduction

Ø Yokis YnO Home Automation Application Editor: URMET S.p.A., EEC VAT Code: IT 06888290019, headquarters in Via Bologna 188/C, 10154 Torino, ITALY.

Ø URMET Customer Care: Opening times 8:30 – 13:00; 14:00 17:50 (Mondays to Fridays, closed on holidays), Tel. 199.110.120, email / contact form: support.yokis@urmet.com ;

Ø Yokis YnO Home Automation Application Hosting: OVH S.A.S., EEC VAT Code: FR 22424761419, headquarters in Rue Kellermann n. 2, 59100 Roubaix, FRANCE.

1. Article 1 – General Terms of Use of the Application.

1.1. These General Terms regulate the relationship between URMET and the User concerning the use of the Yokis YnO Home Automation Application and the associated Services.

1.2. The use of the Yokis YnO Home Automation Application implies full application of these General Terms which prevail over all the terms provided for by the User and over all the other documents not been expressly accepted by URMET.

1.3. In order to access and use Yokis Home Automation Application, the User is required to know and accept these General Terms. URMET reserves the right to change these General Terms at any time and will inform the User about said changes.

2. Article 2 – Definitions. The following definitions will apply to the terms below, whenever they are written with an initial capital letter, in both the singular and plural forms:

2.1. "YOKIS YnO Home Automation Application" means the application which allows the User to manage and control the Yokis Home Automation Devices.

2.2. "Yokis Home Automation Devices" means the whole of the Home Automation material with the Yokis trademark installed in the User's home and which works with the Yokis Home Automation Application.

2.3. "Private Area" means the User's personal and reserved interface on the Yokis Home Automation Application, from which the User can access all Home Automation Services and the information related to the configuration of the User's Yokis Home Automation Devices.

2.4. "Installer" means the professional, corresponding to a company name and registration number, who supplied, installed and configured the Yokis Home Automation devices in the User's home.

2.5. "Home Automation Scenario" means the controls or actions programmed to be performed simultaneously or in sequence at the User's requests.

2.6. "Home Automation Services" shall mean the services that URMET provides to the User through the Yokis home automation application.

2.7. "User" means any physical person over the age of 18 having legal capacity, who uses the Yokis YnO Home Automation Application and wishes to employ the Home Automation Services, excluding any use for professional purposes.

2.8. "HUB" means the Yokis device employed to manage the User's controls (received via the Yokis YnO Home Automation Application - exploiting the IP connection to the local network - and transmitted by means of the Yokis wireless protocol to the Yokis Home Automation Devices) and the managing the Home Automation Scenarios (i.e. storing and implementing them).

3. Article 3 – Technical Prerequisites. The User can access the Yokis YnO Home Automation Application only to integrally satisfy the following technical prerequisites:

3.1. The User's home must be provided with the Yokis Home Automation Devices.

3.2. The Yokis Home Automation Devices must be installed according to the provided manual and respecting the applicable rules and practices. Considering the technical nature of the Yokis Home Automation Devices, URMET recommends the User appoints a professional of his/her choice to perform the installation and configuration operations.

3.3. The Yokis Home Automation Devices must be installed and configured under the User's full responsibility. URMET shall not be liable in case of installation and/or configuration errors of the Yokis Home Automation Devices.

3.4. The User must have a device allowing access to the Internet (Internet box or ADSL modem), compatible with the Yokis Home Automation Devices, and have an Internet subscription.

3.5. URMET does not provide the device needed to access the Internet nor offers Internet subscriptions to the User. The User must procure them from third parties (e.g. Internet providers).

3.6. Access to the Yokis YnO Home Automation Application and to the associated Home Automation Services implies that the Yokis Home Automation Appliances are constantly connected to the Internet.

3.7. The telecommunications devices which allow access to the Internet must be installed and configured under the User's full responsibility.

3.8. URMET warns the User of the potential risk of interruptions to the Internet connection such to compromise, entirely or in part, the operation of the Yokis Home Automation Application.

3.9. URMET is not liable in case of malfunctions or impossibility to access the Home Automation Application caused by an interruption of the Internet connection, malfunctions or unavailability of the Internet access service.

3.10. The User shall adopt all the necessary preventive measures.

3.11. The User's IT equipment (operating system, Internet browser, software, etc.) compatible with the Yokis Home Automation Application.

3.12. The Yokis YnO Home Automation application may be unloaded only to a mobile device (smartphone or tablet) running ANDROID or IOS operating system, with the exclusion of all other operating systems.

4. Article 4 – Access to Yokis YnO Home Automation Application and to the Home Automation Services.

4.1. Besides costs for communications and use of the Internet, by the User and not supplied by URMET, access to the Yokis YnO Home Automation Application is free.

4.2. Access to Yokis YnO Home Automation Application is subject to the creation, by the User, of a Private Area on the Yokis Cloud characterised by its own credentials including an email address and a password chosen by the User.

4.3. The User can create one User area only. From such Private Area, the User may manage the Home Automation Devices installed in more than one different home.

4.4. Upon Private Area creation, the User shall provide exact and complete information and update it throughout the use of Yokis Home Automation application.

4.5. Upon User area creation, the User will receive an email to confirm the credentials and activate the Private Area. Once the User area has been activated, the User will be able to access the Home Automation Services offered by the Yokis Home Automation application.

4.6. The User's credentials are strictly personal and confidential. The User is solely responsible for their safekeeping and use and may not communicate them to third parties.

4.7. The User may change the password for the Yokis YnO Home Automation Application by sending an email to support.yokis@urmet.com.

4.8. URMET is authorised to change the User's credentials for technical and safety reasons or upon an authority's request. In this case, URMET shall inform the User via email or letter sent to the addresses communicated by the User.

4.9. In case of theft and/or fraudulent use of the credentials, the User shall inform URMET Customer Care, using the contact details contained in the introduction to these General Terms as soon as possible. Customer Care, in agreement with the User, may interrupt access to the User's Private Area and the associated Home Automation Services. The User must inform URMET, by means of registered mail with return receipt, evidence of said theft and/or fraudulent use of the credentials, together with a copy of an identity document. URMET will provide the User with new credentials.

4.10. The Yokis YnO Home Automation Application and the associated Home Automation Services require the User to have a valid email address throughout the use of the Home Automation Services. If the email address is changed, the User shall change the communicated email address in the User's Private Area. URMET is not liable if the User fails to change the email.

4.11. The User agrees to receive by email all the information necessary to access and use Yokis YnO Home Automation Application and the Home Automation Services, such as credential confirmation, changes to personal account details, as well as information concerning modifications to these General Terms.

5. Article 5 – Description of the Yokis YnO Home Automation Application and of the Home Automation Services.

5.1. The Yokis YnO Home Automation application allows Users to exploit the Home Automation Services associated to the Yokis Home Automation Devices installed at their home and to manage them remotely in automated manner.

5.2. The Home Automation Services supplied by URMET by means of the Yokis YnO Home Automation Application are those described in the commercial documents supplied when the Home Automation Devices are purchased. They specifically include:

5.2.1. viewing, by the User, all the Home Automation Devices installed in his/her home;

5.2.2. accessing the configuration of the Home Automation Devices, made by the User or the professional installer;

5.2.3. changing the configuration of the Yokis Home Automation Devices;

5.2.4. accessing the Home Automation Scenario library created by URMET; URMET may suggest Home Automation Scenarios taken from the library which are considered the most suited to the User's profile;

5.2.5. allowing the User to store his/her own Home Automation Scenarios on the interface;

5.2.6. allowing the User to add and store contents (e.g. images, photos and texts) to customise his/her Private Area in the Yokis Home Automation Application.

5.3. The User shall not download or transfer any data containing or subject to contain viruses or any program that could alter the operation of the Yokis YnO Home Automation application and of the Home Automation Services or damage a Yokis YnO Home Automation Application, URMET or other users of the Yokis Home Automation Application.

5.4. The User shall use the Yokis YnO Home Automation Application and the Home Automation Services in accordance with these General Terms and in compliance with the applicable rules.

5.5. The User shall not use the Home Automation Services, the Yokis YnO Home Automation Application and every kind of information or element in an abnormal or improper way that would alter their operation or execution.

5.6. The User shall adopt all the measures and precautions necessary to avoid any illicit and hazardous use or any use contrary to the normal use of the Home Automation Services and of the Yokis YnO Home Automation Application that the User and any other person, particular children, resident in the home where the Yokis Home Automation devices are applied.

5.7. No complaint may be lodged against URMET and URMET shall not be liable in case of malfunction to the Yokis YnO Home Automation Application or to the Home Automation Services due to any abnormal or improper use or any use contrary to these General Terms.

6. Article 6 – Transfer of the Home Automation Devices / User Changes.

6.1. Access and use to the Yokis YnO Home Automation Application and to the Home Automation Services are strictly personal and reserved to the User who is the owner of the registered Private Area.

6.2. Therefore, the User is not authorised to transfer, entirely or in part, his/her access rights, even for a short period of time.

6.3. If the home provided with the Yokis Home Automation Devices is rented, sub-let or made available to third parties, the User may grant them limited and temporary access to the Yokis YnO Home Automation Application, by means of the "Key Share" function.

6.4. The User will provide an email address to URMET to grant this limited and temporary right to said third parties. The User recognises that the information requested by URMET for creating this access right is mandatory and that without it no access right may be granted.

6.5. The access right granted to third parties will allow them to access all Yokis Home Automation Services suggested by the Yokis Home Automation Application, except for the following Services, which are exclusively reserved to the User:

6.5.1. access to the User's Private Area,

6.5.2. the right to grant access rights to the third parties and to use the "Key Share" function,

6.5.3. the right to cancel property of the HUB.

6.6. The User shall inform URMET of the date when the access right configured to third parties must be cancelled.

6.7. For the entire duration of the access right granted to third parties, the User may access his/her Private Area on the Yokis Home Automation Application.

6.8. The User recognises that the access right is granted to the parties under his/her exclusive responsibilities. No complaints may be sent to URMET in relation to the use of the Yokis YnO Home Automation Application and of the Home Automation Services by third parties.

6.9. If the Home Automation Devices and/or home which contains them are sold by the User, the User shall inform URMET Customer Care by letter and/or email. The User's Private Area will be terminated on the date indicated by the User in his/her letter/email. The consequences of the transfer are indicated in article 9 of these General Terms.

6.10. The new owner of the Yokis Home Automation must create their own account on the Yokis YnO Home Automation Application to be able to access the Home Automation Services of his/her devices, according to article 4 of these General Terms.

6.11. The User may authorise URMET to make available for the new owner then configuration of the Yokis Home Automation Devices used by the User, with particular reference to the various selected Scenarios. The User cannot expect any economic compensation for making this available from URMET.

6.12. If the User moves home and keeps the Yokis Home Automation Devices, the User will be exclusively responsible for disassembly such Devices and for the assembly and configuration operations in the new home. In this case, the User will maintain the same Private Area in the Yokis Home Automation Application.

7. Article 6 – Home Automation Services Maintenance / Interruption.

7.1. URMET applies the necessary means in order to ensure continuity of the Yokis YnO Home Automation Application and Home Automation Services. In such a context, URMET applies the necessary means in order to ensure a corrective and scalable maintenance of the Yokis YnO Home Automation Application and of the Home Automation Services.

7.2. Particularly for maintenance and safety reasons, URMET reserves the right to temporarily interrupt without prior notice, in whole or in part, access to the Yokis YnO Home Automation Application and Home Automation Services.

7.3. If the User experiences unusual interruptions of the Yokis YnO Home Automation Application and/or of the Home Automation Service, any question and/or complaint may be forwarded to URMET's Customer Service indicated below.

8. Article 8 – Intellectual Property Rights.

8.1. URMET and the parties entitled own, in whole or in part, all the intellectual property rights over the Yokis YnO Home Automation Application, the Home Automation Devices and the Home Automation Services.

8.2. The User shall respect the intellectual property rights (including names, brands, logos, software) owned by URMET and the parties entitled and acknowledges not to have any right over them. The User may not represent, reproduce, edit, adjust or reprogram them and request any kind of protection over every element of his/her intellectual property rights, including over the areas for which no protection is provided for by URMET and the parties entitled.

8.3. URMET is the sole owner of the copyright over Home Automation scenarios it has created. The User may not reproduce, represent, adjust, reprogram or edit such Home Automation scenarios beyond use in the Yokis YnO Home Automation Application and Home Automation Services. The User is instead expressly authorised to reproduce and modify the URMET Home Automation Scenarios, providing they are used in the scope of the Yokis YnO Home Automation Application and of the supply of associated Home Automation Services.

8.4. The User transfers to URMET, for free, the right to reproduce, edit and adjust, in whole or in part, the Home Automation scenarios created during the use of Home Automation Services and of the Yokis YnO Home Automation Application transferred to the URMET Cloud.

8.5. The elements (in particular, images and photos) loaded by the User in the Yokis YnO Home Automation Applications remain the exclusively ownership of the User. The User states that he/she owns all the rights, particularly concerning intellectual property, and/or the necessary authorisations. The User also releases URMET from any third-party complaint, request and action, particularly concerning any breach of their intellectual property right over any one of these elements (texts, names, pictures, logos, data, photos, videos, files, databases, software, models, graphs, etc.).

8.6. If the User breaches this clause, URMET reserves the right to revoke or interrupt, in whole or in part, access to Yokis YnO Home Automation application and Services by the User, without prejudice to the right to claim a compensation for the damage suffered.

9. Article 9 – Duration/Interruption/Termination.

9.1. These General Terms may be applied throughout the use of the Yokis YnO Home Automation Application and of the Services by the User.

9.2. If the User breaches these General Terms, URMET reserves the right to temporarily interrupt access to Yokis YnO Home Automation application and Services for the time necessary to collect the User's explanations. URMET will send an email informing the User about Yokis YnO Home Automation application and Service access interruption.

9.3. Access to the Yokis YnO Home Automation Application and the Home Automation Services may be revoked at any time by the User. The User must forward URMET the request by recorded delivery using the address contained in the introduction to these General Terms. The User will receive an email confirming the acceptance of such termination request. Termination will come into force thirty (30) days after receipt of the User's request to revoke the access.

9.4. URMET may revoke without prior notice, in whole or in part, the User's access to the Yokis YnO Home Automation Application and to the Home Automation Services in the following cases, as well as those cases expressly set forth in these General Terms:

9.4.1. Identity theft by the User or abuse of the Yokis Home Automation Application;

9.4.2. Communication of false or incomplete information about the User upon Private Area creation;

9.4.3. Abnormal or improper use of the Yokis YnO Home Automation Application and the associated Home Automation Services;

9.4.4. Breach of URMET's intellectual property rights, such as the ones contained in article 8 of these General Terms;

9.5. URMET can definitively interrupt access to the Yokis YnO Home Automation Application and to the supply of the Home Automation Services, notifying it to the User six months before actually interrupting the Yokis Home Automation Application.

9.6. The termination of the access to the Yokis Home Automation Application, upon initiative or the User or of the URMET, does not entitle to reimbursing the Home Automation Devices.

9.7. URMET shall keep a copy of the User's data and in particular of the Home Automation Scenarios from those used and/or created, for a period of six months starting from the date of termination of the User's access to the Yokis YnO Home Automation Application and to the Home Automation Services. By the end of such period, URMET will cancel all the User's data.

10. Article 10 – Liability.

10.1. URMET undertakes, to the greatest extent possible, to apply all the attention and diligence necessary to ensure access to the Yokis YnO Home Automation Application and to perform the Home Automation Services in accordance with the uses of the profession and of standard practice.

10.2. URMET's liability is expressly excluded in the following cases:

10.2.1. Failure of the User and/or of the Installer to meet his/her obligations under these General Terms;

10.2.2. Use of inappropriate equipment or of equipment that does not comply with the provisions set forth by these General Terms;

10.2.3. Faulty or non-conforming configuration of the IT, technical and telecommunications devices listed in Article 3 of these General Terms;

10.2.4. Use of devices which are inadequate or non-conforming to the requirements of these General Terms;

10.2.5. Interruption in the Internet, telephone or electricity network of the User, Customer or any other operator; With this regard, the User declares and guarantees to be perfectly aware of the features and constrains of the Internet, in particular of the fact that the transmission of data and information on the Internet is inherently unreliable.

10.2.6. Cloud server malfunction that is not ascribable to URMET;

10.2.7. Any misappropriation of the User's credentials, as the User is fully liable for them;

10.2.8. Any fortuitous or force majeure event such as the ones defined in article 9 of these General Terms.

10.3. Under no circumstances will URMET be held liable for damage that does not derive from the failure of URMET to meet its legal and contractual obligations.

10.4. URMET informs the User that the technologies used in the scope of the Home Automation Services require particular attention. It is therefore necessary for the User to adopt specific precautions, such as for example:

10.4.1. Periodical testing the Yokis Home Automation Devices;

10.4.2. Checking that the various Home Automation Scenarios do not display particular risks in relation to the specificness of each single resident (age, mobility, physical condition, etc.).

10.5. If the User detects a malfunction of the Yokis Home Automation Devices, the User shall call the professional who sold them and shall make reference to any sales and warranty General Terms provided when they were purchased.

11. Article 11 – Force Majeure.

11.1. No party may be held liable for total or partial failure to meet the corresponding obligations if such failure derives from a fortuitous event or force majeure under Italian law. Now, therefore, the following events constitute force majeure:

11.1.1. Ban or limitation on telecommunication service supply by public authorities, in particular any service interruption expressly requested by an administrative authority or competent jurisdiction;

11.1.2. Energy supply stop, transmission network interruption and/or malfunction, including Internet access;

11.1.3. Telecommunication media malfunction and/or sabotage, computer hacking;

11.1.4. Fire, lightning, storms, floods and other climate catastrophes, damage due to water, exceptional weather conditions, breakdowns, epidemics, uprisings, wars, insurrections, attacks, explosions, acts of vandalism;

11.1.5. Total or partial strike.

11.2. The party confronted with such events will have to inform the other party as soon as possible after the event has occurred.

12. Article 12 – Personal Details / Privacy Policy.

12.1. Pursuant to the Privacy Policy law n. 196 of 30 June 2003, as amended, concerning IT, files and freedoms, URMET informs the User that any information and personal detail collected upon subscription and use of the Yokis YnO Home Automation Application (in particular: name, surname, postal, electronic and telephone details) is subject to processing.

12.2. The User will be informed about necessary or optional data by means of an asterisk (*). If the User refuses to provide compulsory data, he/she will not be able to use the Yokis YnO Home Automation Application.

12.3. The data collected will be exploited for use of the Yokis YnO Home Automation Application and for executing the Services, in accordance with the provisions set forth by these General Terms. Furthermore, URMET may use such details for informative purposes and commercial proposals relating to Urmet group products.

12.4. URMET keeps said personal details for the time necessary to fulfil the purposes described in this article. After such time, only anonymous statistical data will be kept, but will not be used in any way.

12.5. URMET undertakes to disclose personal details only with an explicit authorisation or under special circumstances, such as the ones set forth below:

12.5.1. URMET may have to disclose the aforementioned personal details, due to the law, with regard to proceedings, litigation and/or requests by the public authorities of the User's country of residence or other;

12.5.2. Furthermore, URMET may disclose such data if this disclosure is considered necessary or appropriate for reasons of national security, law application or other public interest issues;

12.5.3. URMET may also disclose the data concerning the User if such disclosure is considered reasonably necessary to respect this clause or protect its activities or the User;

12.6. In case of reorganisations, URMET may transfer all the personal details collected to the party entitled.

12.7. With the proviso that he/she has to justify his/her identity, the User has the right to access, edit, rectify and destroy his/her data by sending a request to URMET using the following address: support.yokis@urmet.com or to the following address: URMET S.p.A., attention of the Privacy Officer, Via Bologna 188/C, 10154 Torino, ITALIA.

12.8. All the people having their data collected may, for legitimate reasons, also oppose data processing by contacting URMET using the following addresses (email and postal) indicated above.

13. Article 13 – Miscellaneous provisions.

13.1. If any provision set forth by these General Terms is declared invalid or unenforceable, the remaining provisions of these General Terms shall remain entirely in effect.

13.2. The fact that a party did not require the application of any clause set forth in these General Terms does not entail such party waiving the exercise of its rights a posteriori.

13.3. The titles used in these General Terms are for convenience only and do not constitute a substantial part. Therefore, they cannot be used to prepare an interpretation contrary to the terms of the corresponding articles.

14. Article 14 – Applicable law / Litigation settlement.

14.1. These General Terms are subject to Italian law.

14.2. In case of litigation or complaints, the User is invited to contact URMET Customer Care at the addresses shown at the beginning of these General Terms.

14.3. For any dispute the competent court is the court of Turin.

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