TC&S OtioHome

Article 1 – LEGAL DISCLAIMERS

The Application is published by HBF, of which the information and contact details are given below, in accordance with article 6 of French Act n°2004-575 of 21 June 2004 on trust in the digital economy:

•Company form: Simplified Joint Stock Company (SAS)

•Share capital: 4,131,120 €

•RCS number: RCS FOIX (481 863 397 00073)

•VAT number: FR 76481863397

•Registered office: ZI Bonzom, 09270 Mazères France

•Telephone number: +33 5 61 50 94 40

•E-mail address: contact@groupehbf.com

•Director of publication: Florent Fochesato

•Host: Microsoft Azure

For all questions or requests for information regarding the Application, Users can contact HBF at the above e-mail address or by sending a registered letter with acknowledgement of receipt to the above postal address.

 

Article 2 – ACCESS CONDITIONS

2.1. Account creation

The Application can be downloaded from the “APP STORE” platform or from the “GOOGLE PLAY” platform depending on the operating system chosen by the User.

In order to access the Application services, Users must:

(i)create an account directly using the Application or via their Facebook or Gmail account;

(ii)follow the Application use tutorial made available to Users to facilitate the installation and use of the Connected objects (the “Tutorial”);

(iii)enter their e-mail address and a password in order to create their account.

The User accepts and acknowledges that the creation of an individual account is necessary for the secure use of the Application.

Once their account has been created, Users can freely complete their profile.

 

2.2. Technical access conditions

Users must have Internet access and an appropriate electronic device to use the Application.

Users may also use the Application via any equipment, remote control, platform or other control tool compatible with the Application, as listed in Appendix 2 hereto (the “Control Tools”), subject to the limitations inherent to the Control Tool in question.

Users must in all circumstances ensure the regular maintenance and updating of the equipment, Control Tools, operating systems, anti-virus software and browsers used to access and use the Application.

HBF implements all the technical solutions at its disposal to allow permanent access to the Application, without however being bound by an obligation of result.

Users acknowledge and accept that access and browsing on the Application may be suspended, restricted and/or interrupted in the following cases, without HBF being liable, unless they demonstrate a breach by HBF of its legal or contractual duties:

-in the event of corrective maintenance, upgrade maintenance, updates, content modifications, made necessary for the proper functioning of the Application and/or for its interoperability with a Control Tool or a Connected Object;

-in the event of malfunctions and/or anomalies attributable to the Internet network, the connection, computer or electronic equipment, the Control Tools used by Users to navigate the Application;

-in the event of fraudulent intrusion by any third party and/or any virus into the networks, connections, computer or electronic equipment, Control tools used by Users;

-in the event of a force majeure event or any other event beyond HBF’s control;

As a result, HBF cannot be held liable for any direct or indirect, financial, material damage, physical injury or any other damage that may result from it.

 

Article 3 – TERMS AND CONDITIONS OF USE

3.1. Use of the Services

The Application provides Users the following features (the “Services”).

3.1.1 Controlling Connected objects

Using the Application, Users can:

-detect and directly control any Connected object located in a close perimeter;

-connect to any OTIO brand gateway for which they have an access code, in order to remotely control the Connected objects connected to this gateway (the “Gateway”) at all times.

In both cases, the Application allows to:

-control the activation and deactivation of the Connected object;

-if necessary, check the Connected object settings;

-where applicable, view the measurements and information of any type that the Connected object collects as part of its functionalities, such as the temperature or humidity level of the location where it is placed.

 

3.1.2 Moods and Scenarios

Users can pre-program the activation, deactivation and/or, if necessary, the adjustment of a Connected object and/or several combined Connected objects directly if they are within its close perimeter or remotely via the Gateway.

The settings thus programmed can be triggered, at the User’s choice:

-temporarily and/or at times and dates predefined by the User (the “Moods”);

-on the occurrence of a specific event, such as the activation or deactivation of a Connected object, or according to the measurement elements collected by the Connected objects where they are located (the “Scenarios”).

At all times, Users can activate, modify, deactivate and/or delete any Scenario or Mood they have created.

 

3.1.3Notifications

HBF sends push notifications to Users on the device(s) and/or Control Tools they use to navigate the Application, after explicit permission from the User. These notifications can be disabled by the User in the Application or phone settings at all times.

 

Article 4 – RESPONSIBILITIES

4.1Responsibility of the User

The User undertakes to take all necessary precautions for the secure use of their account and to prevent any fraudulent use of it by a third party.

As such, they are solely responsible:

-for the choice of a strong and sufficiently secure password to protect their account, which they undertake to keep secret, not to copy on any medium of any kind and not to communicate to any third party;

– for protecting access to the devices and/or Control Tools through which they use the Application.

Similarly, the User accepts and acknowledges that the sole purpose of the Application is to facilitate the control of the Connected objects on site and remotely, the User freely choosing the Connected objects and Gateways that they connect to their account and remains responsible for the use they make of them.

The User is therefore solely responsible for the activation, deactivation, adjustment, programming and any other action or omission on their part or on the part of the persons for whom they are responsible, concerning the Application, Gateways, Connected objects, Moods and Scenarios, at all times and in all locations.

In particular, the User is solely responsible:

-for the proper installation, configuration, maintenance and updating of the Application, Gateways and Connected objects connected thereto, in accordance with the instructions provided by HBF, the manufacturer and/or seller of the Gateway or Connected object in question, as well as any other applicable safety precautions, rules or instructions;

-for the prudent, vigilant and proper use of the Application, Gateways and Connected objects, in accordance with the instructions provided by HBF, the manufacturer and/or seller of the Gateway or Connected object in question, as well as any other applicable safety precautions, rules or instructions;

-for any explicit or tacit authorisation and any action or omission by which they allow third parties, regardless of who they are, to access their account and/or a Gateway they own, or to access and/or control one or more Connected objects they own;

-for any other decision, conduct, action or omission on their part or that of the persons for whom they are responsible concerning the Application, the Connected objects and the Gateways.

In addition, the User will refrain from using the Application to control a Gateway or a Connected object belonging to a third party without the explicit prior consent of the latter, and in general, to make use of the Application, the Gateways and/or the Connected objects in a manner likely to harm third parties, their health, safety, property and/or any other right they may claim.

More generally, the User explicitly acknowledges and accepts that they are solely responsible for the placement and use (with or without the application) of the Connected objects within their home.

Finally, the User undertakes to scrupulously respect these T&Cs when using the Application, and to ensure that they are respected by the persons for whom they are responsible.

In any event, the User undertakes to compensate HBF, without limitation of amount, for all costs and damages of any kind whatsoever resulting from any proceedings or claims to which it may be subject as a result of a breach by the User of the aforementioned duties.

 

4.2HBF’s responsibility

HBF makes every effort to ensure the proper functioning and secure use of the Application, but is not bound by any obligation to achieve results.

In particular, the Tutorial is provided by HBF solely for presentation purposes and in a non-exhaustive manner, and in no way exempts the User from scrupulous compliance with these T&Cs, other instructions provided by HBF, the manufacturer and/or seller of the Gateway or Connected object in question, or any other applicable safety precaution, rule or instruction.

In addition, HBF’s liability for Control Tools and Connected objects of which it is not the manufacturer is strictly limited to their interoperability with the Application, provided that the manufacturing, programming, maintaining and updating conditions for the said Control Tools and Connected Objects necessary for such interoperability are met.

Under these conditions, HBF’s liability cannot be sought, unless it can demonstrated that it has failed to fulfil its legal or contractual duties:

-in the event of the suspension, limitation and/or interruption of access and navigation on the Application for the cases indicated in Article 2.2 above;

-in the event of a User’s breach of any of the clauses of these T&Cs;

-in the event of careless, excessive and/or improper use of the Application, Gateway or Connected object by a User or any other person in any way;

-in the event of incompatibility with the Application, malfunction or deterioration of any kind whatsoever relating to a Control Tool or a Connected object of which it is not the manufacturer;

-in the event of force majeure or any other event beyond HBF’s control.

As a result, HBF cannot be held liable for any direct or indirect, financial, material, physical injury or any other damage that may result from it.

Article 5 – INTELLECTUAL PROPERTY

This Application, as well as all the elements composing it, whether or not they are likely to be protected within the meaning of the French Intellectual Property Code and international conventions, may not under any circumstances be modified, reproduced, displayed, presented, distributed or used for purposes of public or commercial interest without the explicitly, prior written authorization of HBF.

The reproduction of any element composing the Application in a context that does not belong to and/or concern HBF, as well as the insertion of any element composing the Application on a website page or application that does not belong to HBF is strictly prohibited.

Article 6 – PERSONAL DATA

Information relating to the processing of personal data by HBF in the context of the Application and compliance with the provisions of European Regulation No. 2016/679 of 27 April 2016 (so-called “GDPR”) and the French Data Protection Act 78-17 of 6 January 1978 in its current version are specified in the Privacy Policy communicated to the User before registration for the Application and accessible at any time from the Application.

Article 7 – ACCOUNT SUSPENSION AND CLOSURE

In the event of a breach by the User of these T&Cs or any applicable legal or regulatory provisions, HBF reserves the right to:

-temporarily restrict access to the Application or temporarily suspend the User’s account, ipso jure, without notice or compensation of any kind;

-terminate the User’s account, subject to a notice period of 30 calendar days after the decision to terminate has been sent by e-mail.

Users may terminate their account at all times, legally and without notice.

Once the account is terminated, all the Moods and Scenarios created by the User are deleted from the Application.

Article 8 – APPLICABLE LAW AND JURISDICTION

These T&Cs are governed by the provisions of French law, to the exclusion of any other foreign legislation and/or regulations, regardless of the country in which the Users are located and/or from which access to the Application is made.

Any dispute (contractual, non-contractual, tortious) relating to these T&Cs shall, in the absence of a settlement out of court, be subject to the exclusive jurisdiction of the French courts designated materially and territorially competent pursuant to the French rules of civil procedure.