Wiser Heat EULA – United Kingdom

Your Personal Data

Schneider Electric is committed to protecting your privacy and your personal information. We encourage you to read this privacy statement.

This privacy statement outlines our privacy practices, explains the way your personal information is collected online, and informs you about how that information is used by us.

Types of personal data we collect and use

  • Contact details: information that allows us to contact you directly. These include details such as your name, email address, telephone number and addresses associated with your account or order.
  • Account details: when you download and use the Wiser Heat app, you will be asked to register with us and create an account in order to use the service. Your account details include your user name, password and your contact details, such as your name, address and email address.
  • Device information: details about the devices and networks you use to connect to our products and services, e.g. WiFi network name, the MAC address of your Wiser Heat HubR.
  • Product usage: we collect information about how you use the products and services we supply and how they are performing. For example, we record the heating schedules you configure, the names of the rooms and the actual temperatures measured in your home. We also collect information on how you use the apps.
  • Your location: when you chose to share it with us, we collect your location for the purpose of tuning your heating to local weather conditions.
  • Your discussions with our customer support teams: we keep records of interactions with our customer services team through email, phone calls and social media.

You are not required to provide any of the personal information described above to us, however, without this information the functionality, services and features of your product may be greatly reduced.

How we use your personal data and the legal basis for doing so

We will process your personal data:

  • As necessary to perform our contract with you, e.g. to maintain your miGenie or Wiser Heat accounts and operate the services we supply to you.
  • To take payment for products or services you purchase from us.
  • To provide you with information and service updates on the products and services we supply to you.
  • To deliver products or replacements to you.
  • To provide you with support and technical help in order to fix any problems that may occur while using the products/ services we supply to you.
  • To operate, maintain and improve those products and services.

As necessary for our own legitimate interests or those of other persons or organisations, e.g.

  • For market research and analysis of how you use the products and services .
  • To understand how our products and services are being used for the purpose of improving them or developing new products or services.
  • To contact you for feedback or about opportunities to join product improvement panels.
  • To prevent fraud and misuse of the service.

As necessary to comply with a legal obligation, e.g.

  • When you exercise your rights under data protection law and make requests.
  • For compliance with legal and regulatory requirements and related disclosures.
  • For activities relating to the prevention, detection and investigation of crime.

Based on your consent, e.g.

  • To send you marketing communications where we have asked for your consent to do so.

Your Rights

You have the following rights in relation to your personal information:

  • the right to be informed about how your personal information is being used.
  • the right to access the personal information we hold about you.
  • the right to opt-out of receiving direct marketing messages.
  • the right to request the correction of inaccurate personal information we hold about you.
  • the right to request the blocking or deletion of your personal information where the processing does not comply with applicable data protection laws.

If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. We are here to help and encourage you to contact us at support@schneider-electric.zendesk.com to resolve your complaint first.

Sharing of your personal data

Subject to applicable data protection law we may share your data with the following parties:

  • The Schneider Electric group of companies: for the purpose of providing, maintaining and improving the products and services we supply to you.
  • Other companies’ apps and products: for the purpose of helping you connecting the Wiser Heat app to other products and services such as Google Home or Amazon Alexa.
  • Payment Companies: to process payments for any purchases you make from us.
  • Delivery companies: to deliver products that you have ordered from us.
  • The Government or our regulators: where we are required to do so by law or to assist with their investigations or initiatives for the energy industry.
  • Police and law enforcement: to assist with the investigation and prevention of crime.

International transfer of your personal data

Your personal data may be transferred to and stored in countries outside of the European Union. Some of these jurisdictions require different levels of protection in respect of personal information and, in certain instances, the laws in those countries may be less protective than the jurisdiction you are typically resident in. We will take all reasonable steps to ensure that your personal information is only used in accordance with this privacy policy and applicable European data protection laws and is respected and kept secure.

How long do we keep your personal data

We will keep your personal data for as long as you have an account with us. After you close your account with us we will keep your personal data for a reasonable period to maintain our records and legal obligations to you. You can close your account at any time by contacting us at support@schneider-electric.zendesk.com.

Direct Marketing Communication

If you have given us you consent to do so, we may contact you by email, push notification, text, mail or phone with information about products and services we believe you may be interested in.

If you tell us not to email, push notification, text, mail or phone you with direct market we won’t contact you in that way.

You can let us know at any time that you do not wish to receive marketing messages by sending an email to us at support@schneider-electric.zendesk.com.

You can also unsubscribe from our marketing emails by clicking on the unsubscribe link in the emails we send to you.

Automated decision making and processing

Automated decision making involves processing your personal data without human intervention to evaluate your personal situation such as your interests or behaviours, for example the products you have purchased from us. We may do this to decide what marketing communications are suitable for you. All of our activity is on the basis of our legitimate interests or on the basis of it being necessary to perform our contract with you.

Data anonymisation and aggregation

We may convert your personal data into statistical or aggregated data which cannot be used to identify you. This information will be used to understand how our products and services are being used and to help develop and create new products. This information may be shared with third parties.

Contacting us

In the event of any query or complaint in connection with the information we hold about you, please email us at support@schneider-electric.zendesk.com

May 2018


Wiser Heat EULA

These terms of use govern your use of the wiser heat mobile application (hereinafter “the mobile application”) published by Schneider Electric (as hereinafter defined) and made available for download from mobile applications stores proprietary to Schneider Electric or third-party mobile application stores officially authorized by Schneider Electric.

1.  ACCEPTANCE OF TERMS

Before accessing and using the mobile application, please read these terms of use carefully and confirm your acceptance of these terms of use and your agreement to be bound by them by clicking on the appropriate button appearing on your screen during the download or installation process of the mobile application.

If you do not agree with these terms of use and to be bound by them, click the converse appropriate button or the cancel button and exit the landing page availing the mobile application for download: this will automatically abort the download or installation process. If despite the foregoing, whole or part of the mobile application has already been downloaded and/or installed on any of your devices, you must immediately delete or expunge the mobile application from all computers, hard disks, servers, tablets, smart phones or other mobile devices onto which you downloaded it.

By using the mobile application, you acknowledge that you have read, understood and agreed with these terms of use and to be bound by them.

These Terms of Use forma legal agreement between any person to which the Mobile Application has been made available for download, (hereinafter “You”), and Schneider Electric (as defined hereunder). It is Your responsibility to ascertain that any person completing the download and/or the installation of the Mobile Application has the mandate or legal authority to bind You and confirm Your acceptance of the Terms of Use.

2. DEFINITIONS

For the purposes of these Terms of Use, the “highlighted” terms below shall have the meaning defined herein below:

“Mobile Application”: means the Wiser Heat mobile software application, published by Schneider Electric, that provides the functions and that is made available by Schneider Electric for download from the mobile applications stores described or referred to in these Terms of Use.  A reference to the Mobile Application in these Terms of Use will be deemed to include a reference to the Contents, the software programs, the programming and navigation tools, the data bases, the Documentation and any other structural components of the Mobile Application, as well as any update and upgrade thereto if any is provided by Schneider Electric.

“Contents”: means, this list not being limitative, the structure of the Mobile Application, its editorial contents, the drawings, the illustrations, the images, the photos, the trademarks, the logos, the initials, the company names, the audiovisual or multimedia works, the visual, audio or sound contents, as well as any other file or element present within the Mobile Application or otherwise forming part thereof.

“Documentation”: means printed, online or electronic documentation, information, specifications, instructions or material related to the Mobile Application, as such can be retrieved via Schneider Electric’s Affiliate websites www.draytoncontrols.co.uk in the United Kingdom and www.Eberle.de in mainland Europe or by contacting the Drayton customer care team in the UK or Eberle customer care team in Germany. You agree that the Documentation may be supplied only in the English language, unless otherwise required by local law without the possibility of contractual waiver or limitation.

“Affiliates”: means, with respect to each of Schneider Electric and the User (when the User is a corporation, company or any other legal entity), any corporation, company or other legal entity that is directly or indirectly (i) controlling Schneider Electric or the User, or (ii) d controlled by Schneider Electric or the User, or (iii) under common control with Schneider Electric or the User, and the term “control” shall, for the purpose of this definition, mean the direct or indirect control of at least 50% of the stock capital and/or of the voting rights.

“Authorized Users”: means, when the User is a corporation, company or any other legal entity, any employee or contractor acting under the authority or control and on behalf of the User when accessing and making use of the Mobile Application.

“Intellectual Property Rights”: means any and all rights of any kind and any type arising under Statute, regulation, ordinance, common law, treaty, convention or otherwise, and including, without limitation any patents, utility models, copyright and neighbouring rights, trademarks and trade dress rights, mask work rights, service marks, right in domain names, designs rights, rights in computer software, database rights, rights in confidential information (including right in know-how and trade secrets) and any other intellectual property rights, in each case whether registered or not, including applications, and all rights and forms of protection having equivalent or similar effect, recognized under the laws of each and every jurisdiction throughout the world.

“Personal Information”: means any information that directly or indirectly enables the identification of a natural person.

Schneider Electric”: means both Schneider Electric Residential Controls UK Ltd and Eberle Controls Gmbh??

“User Data”: means all information, content and data proprietary to the User, such as but not limited to text, sound or files, that the User or the Mobile Application itself uploads, collects, stores and/or processes in the Mobile Application, and/or creates and/or modifies, through the User’s use of the Mobile Application.

“You” or “the User”: means any individual person using the Wiser end system (hereinafter referred to as “Consumer”) or any professional such as energy providers, electricians or plumbers providing services to the aforesaid individual persons, which has downloaded and makes use of the Mobile Application.

“Wiser end system”: means the Wiser heat hub, Wiser thermostat, Wiser radiator thermostat and RF range extender, designed and/or sold by Schneider Electric and its Affiliates.

If You are an individual person agreeing to these Terms of Use on behalf of a corporation, company or other legal entity, You declare to Schneider Electric that You have the authority to do so and thereby bind that corporation, company or other legal entity to these Terms of Use in which event, “You” and “Your” will be deemed to refer to that corporation, company or other legal entity.

3. DESCRIPTION OF THE MOBILE APPLICATION

3.1    The Wiser Heat Mobile Application provides remote control of residential heating and hot water systems, and operates together with the Wiser end system. The Wiser Heat Mobile Application allows for full commissioning, set up and configuration of the Wiser end system by Consumers using the Wiser end system, as well as by professionals such as energy providers, electricians or plumbers providing services to Consumers using the Wiser end system.

The Mobile Application makes use of the geographical location of the residential building equipped with the Wiser end system and the address of the Consumer, in order to obtain weather information so as to operate the Consumer’s residential heating and hot water system more efficiently.  

The information on the application stores from which the Mobile Application can be downloaded and the type of mobile devices and operating systems on which the Mobile Application is compatible for use, is indicated on the landing page availing the Mobile Application for download.

3.2     Schneider Electric reserves the right, at any time, to update or upgrade the then current version of the Mobile Application and its Documentation so as to enhance current functionalities or add new functionalities of the Mobile Application and/or to create temporary or permanent conditions or limitations to the use of the Mobile Application. Any such update or upgrade to the Mobile Application and its Documentation will be published online by Schneider Electric; Schneider Electric shall make its reasonable endeavors to provide notice, on Schneider Electric’s landing page(s) availing the Mobile Application for download, that Schneider Electric published or will publish such update or upgrade. Schneider Electric thus invites every User, including returning Users having already downloaded the Mobile Application, to consult regularly such landing page(s) before using the Mobile Application. It is the User’s responsibility to check such landing page(s) prior to each use of the Mobile Application. The User’s continued use of the Mobile Application after any update or upgrade to the Mobile Application is published by Schneider Electric, shall be deemed as the User’s acceptance of such update or upgrade and the User’s agreement to use the updated or upgraded Mobile Application. If the User does not consent to the update or upgrade, the User shall have the immediate obligation to cease any use of the Mobile Application and to delete or expunge the Mobile Application from all computers, hard disks, servers, tablets, smart phones or other mobile devices onto which the User downloaded the Mobile Application, with the effect that the legal agreement formed between the User and Schneider Electric by the User’s acceptance of these Terms of Use shall be deemed immediately and automatically terminated.

4. REGISTRATION REQUIREMENTS

4.1     Once You have downloaded the Mobile Application, You have to create a user account within the Mobile Application to use it.

4.2    To create Your user account, You can use the “create a new account” feature on the Mobile Application with such information required thereon and thereby provide Schneider Electric with at least the name and email address of one individual person You authorize to use the Mobile Application, it being understood that, depending upon the jurisdiction, such information You provided to create Your user account may be considered as Personal Information and shall in such case be treated as such by each of You and Schneider Electric in compliance with these Terms of Use and any applicable laws and regulations.

4.3    When creating Your user account, You agree (a) to create a unique password that You do not use with any other online product or service; (b) to provide accurate, truthful, current and complete information; (c) to promptly update upon any change the information provided to create Your user account; (d) maintain the confidentiality and security of Your user account by protecting Your identification information and password and restricting access to Your user account; (e) promptly notify Schneider Electric if You discover or otherwise suspect any security breach related to Your user account or any misuse thereof; and (f) take responsibility for all activities that occur under Your user account and accept all risks of any authorized or unauthorized access thereto.

4.4    You may authorize Your Authorized Users to access to Your user account and make use of the Mobile Application for Your benefit and only for the purposes described in these Terms of Use. You shall be responsible to ensure these Terms of Use are made available in a legible manner to each of Your Authorized Users before any of them can log in and make use of the Mobile Application. You shall be fully responsible for the acts and omissions of Your Authorized Users, including for all activities that are made through the use of Your user account, and their compliance with these Terms of Use. You shall bear responsibility for all activities that are made through the use of Your user account and for any resulting harm caused to You, Your Authorized Users or any other third-party, the Mobile Application and/or Schneider Electric. Schneider Electric will have the right to rely upon any information received from any legal or individual person accessing to and/or using Your user account and Schneider Electric will incur no liability arising out of such reliance.

4.5    While not obligated to perform investigations, Schneider Electric may investigate violations of these Terms of Use or misuse of the Mobile Application and cooperate with appropriate law enforcement authorities with respect to security threats, fraud, or other illegal, malicious, or inappropriate activity by You or any third-party through the access and/or the use of the Mobile Application.

4.6    Schneider Electric is entitled, at any time and without notice or liability to You, to deny You the right to access, or terminate Your access to, Your user account on the Mobile Application and thereby Your right to use the Mobile Application by blocking or disabling Your user account if You breach any of Your obligations under these Terms of Use or the other legal documents incorporated herein or You infringe any applicable laws in Your access or use of the Mobile Application. Denial or termination by Schneider Electric of Your access and right to use the Mobile Application shall not waive or affect any other right or remedies to which Schneider Electric may be entitled under these Terms of Use, at law or, if applicable, in equity further Your breach or infringement as stated above. Without prejudice to the foregoing, termination by Schneider Electric of Your access and right to use the Mobile Application shall automatically and immediately cause the termination of the legal agreement formed between You and Schneider Electric by Your acceptance of these Terms of Use.

Denial or termination by Schneider Electric of Your access and right to use the Mobile Application does not affect any rights or remedies which may have accrued to You or Schneider Electric before said denial or termination under these Terms of Use, at law or, if applicable, in equity.

5. FINANCIAL CONDITIONS

The Mobile Application is free for download by the Users; no fee or other consideration is due by the User to Schneider Electric to access and use the Mobile Application.

Users acknowledge and agree that Users shall bear and keep any toll charges applicable to Users’ access and use of the Mobile Application through the use of internet or telephone, including any costs and expenses related to subscribing from any service provider an access to mobile telecommunications and internet as well as any cost related to the upload or download of any data in or from the Mobile Application.

6. GRANT OF LICENSE

6.1    Schneider Electric grants to You a non-exclusive, revocable and non-assignable right to use the Mobile Application in object code form (machine-readable) only, without the right to grant any sub-license thereof, for Your own needs only in the frame of Your professional activity, to the exclusion of any other purpose, and subject to the terms and conditions contained in these Terms of Use and the Documentation.

6.2    The license to use the Mobile Application is granted to any User of the Mobile Application for the duration and in the geographies indicated on the landing page availing the Mobile Application for download. In case the license to use the Mobile Application is granted to the Users for a non-perpetual duration as indicated on the landing page availing the Mobile Application for download, the license to use the Mobile Application will automatically and immediately terminate and the access to the Mobile Application will automatically and immediately be disabled with or without prior notice to the Users.

6.3    The Mobile Application is available to the Users in object code (machine-readable) form only and under no circumstances is Schneider Electric obligated to disclose or make available to Users the source code of the Mobile Application unless required by mandatory provisions of applicable law.

6.4    You may download and use the Mobile Application on more than one single mobile device if said devices are all used by You under the same user account under which the Mobile Application was initially downloaded.

6.5    These Terms of Use only give you some rights to use the Mobile Application and Schneider Electric and its licensors reserve all other rights. You do not acquire any rights, express or implied, other than those expressly granted in these Terms of Use. You agree that You will use the Mobile Application only as expressly permitted in these Terms of Use and in accordance with its Documentation. You agree that You will comply with any technical limitations in the Mobile Application that only allow You to use the Mobile Application in certain ways.

6.6    If technological measures are designed to prevent unlicensed or illegal use of the Mobile Application, You agree that Schneider Electric may use those measures and You agree to comply with any requirements regarding such technological measures. Such measures do not constitute a defect in the Mobile Application nor do they entitle You to any warranty rights.

6.7    These Terms of Use describe and govern Your right to download, install and use the Mobile Application. It is expressly agreed that the Terms of Use will prevail over and supersede the terms and conditions contained in any document issued or submitted by You in connection with Your download, installation or use of the Mobile Application which are expressly rejected by Schneider Electric to the extent inconsistent with these Terms of Use.

6.8    These Terms of Use will also apply to You and shall remain fully enforceable between Schneider Electric and You even if You obtained the right to access and use the mobile Application from an authorized Schneider Electric distributor or reseller or a certified Schneider Electric partner.

7. TITLE and TRADEMARKS

7.1    The Mobile Application, as well as all rights, title, interest, technology and know-how, whether patented or not, embodied in the Mobile Application, as well as all Intellectual Property Rights attached to the Mobile Application, including but not limited to copyright, shall remain the sole property of Schneider Electric, to the exclusion of any third-party software embedded in the Mobile Application or otherwise provided to You with the Mobile Application.

7.2    Nothing in these Terms of Use shall be deemed to convey to You any of Schneider Electric’s proprietary rights in the Mobile Application; all rights not specifically granted in these Terms of Use are reserved by Schneider Electric. Schneider Electric does not sell the Mobile Application to You but only grants You the license rights defined in these Terms of Use.

7.3    All Intellectual Property Rights pertaining to any third-party software embedded in the Mobile Application or otherwise provided to You with the Mobile Application shall remain vested in the relevant third-party and there will be no deemed or implied transfer of ownership to You of such third-party proprietary rights.

7.4    Should You become aware of any infringement to Schneider Electric’s proprietary rights in the Mobile Application, You shall immediately inform Schneider Electric of such infringement and provide all relevant information required by Schneider Electric to defend its interests.

7.5    Schneider Electric and other trademarks contained in the Mobile Application are registered trademarks of the Schneider Electric group. Except as otherwise expressly prescribed by mandatory provisions of applicable law, You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Mobile Application. These Terms of Use do not authorise You to use any names or trademarks of Schneider Electric or its authorised resellers.

8. RESTRICTIONS ON USE

8.1    You may only download, install, access, use and display the Mobile Application on the type of mobile devices and operating systems on which the Mobile Application is compatible for use as referred to in these Terms of Use, strictly in accordance with the accompanying Documentation and only for the specific purposes stated in these Terms of Use.

8.2    Furthermore, unless otherwise expressly required or authorized by statute, You will not nor will You permit others to:

  1. copy the Mobile Application except for backup purposes only in support of Your permitted use of the Mobile Application. Any such copy must include all copyright notices and any other proprietary legends present on the original Mobile Application. You may not sell, lease, license, rent or in other ways transfer any copy of the Mobile Application. If this Mobile Application contains Documentation that is provided only in electronic form or online, You may print one copy of such electronic Documentation for each license acquired to the Mobile Application. If this Mobile Application contains Documentation that is provided in printed form, You may make one copy of such printed Documentation for each license acquired to the Mobile Application;
  2. modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise seek to reconstitute the source code of the Mobile Application, nor create derivative works from the Mobile Application. Further, in case of errors, bugs or defects of the Mobile Application, Schneider Electric expressly reserves the right to correct such errors, bugs or defects to the extent permitted by law;
  3. sub-license, lease, outsource or rent the Mobile Application, or permit a third-party to use the Mobile Application for its or anyone else’s benefit. Nor may You use the Mobile Application as part of a facility management, timesharing, service provider or service bureau arrangement;
  4. other than as expressly permitted under this Agreement, distribute in whole or part, modify, or create derivatives of, the Mobile Application or distribute applications created with the Mobile Application; or
  5. directly or indirectly, export, re-export, download, or ship the Mobile Application in violation of the laws and regulations of the U.S.A. or the applicable jurisdiction in which You use or are downloading the Mobile Application.

8.3    Should You not fully comply with the above provisions, You shall bear any and all consequences, including any damages whatsoever, resulting therefrom.

8.4    The use of the Mobile Application is intended only for use with a content owned by You, a public domain content or a properly licensed content. You may require a patent, copyright, or other license from a third-party to create, copy, download, record or save content files for use with the Mobile Application or to serve or distribute such files to be used with the Mobile Application.

8.5    You may not use the Mobile Application in an attempt to, or in conjunction with any Device, program or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

8.6    You agree that You shall only use the Mobile Application in a manner that complies with all applicable laws in the jurisdictions in which You use or are downloading the Mobile Application, including, but not limited to, applicable restrictions concerning copyright and other Intellectual Property Rights.

9. MAINTENANCE SERVICES

Except for warranties provided to You subject to Section “Warranties and disclaimers of warranties” of these Terms of Use, Schneider Electric provides no maintenance or support services in connection with the Mobile Application, other than those which may be defined by way of any separate services agreement between Schneider Electric and You.

10. WARRANTIES AND DISCLAIMERS OF WARRANTIES

10.1    Schneider Electric warrants that it is entitled to license and otherwise make available the mobile application and Documentation to You in accordance with the terms and conditions set out in these terms of use.

10.2    For a period of ninety (90) days from the date of Your acceptance of these terms of use, Schneider Electric warrants that the mobile application will perform substantially in accordance with its specifications as described in the Documentation.

Schneider Electric’s sole obligation and Your sole remedy with respect to the foregoing limited warranty shall be, at Schneider Electric’s option to fix, or provide a work-around to, the defect or non-compliance of the mobile application without charge to You, provided that (i) You give notice of the defect to Schneider Electric within the abovementioned warranty period, and (ii) the defect does not fall under the exclusions set under Section 13.3 below.

10.3    Schneider Electric’s warranty shall be excluded to the extent the mobile application has been altered or fails to perform in any way as the result of Your negligent or unauthorized use thereof such as for instance but not limited to the use of the mobile application with any hardware, software, firmware, operating system or solution not supplied, not specified or not approved by schneider electric to be used with the mobile application, or the unauthorized maintenance of the mobile application.

Any correction or work-around of the mobile application provided by Schneider Electric pursuant to Section 13.2 hereinabove will be warranted for the remainder of the original ninety (90) DAY warranty period or thirty (30) days, whichever is longer.

10.4    Schneider Electric’s warranty shall also be excluded in case of defect or non-compliance of the mobile application, to the extent such defect or non-compliance could have been prevented by making use of the update or upgrade to the mobile application that Schneider Electric may provide to You or make available to You under any separate services agreement between Schneider Electric and You.

10.5    To the full extent permitted by law (on both federal and state level, when applicable) in any country where you will run or otherwise use the mobile application, Schneider Electric makes no other warranty than those contained in this section 11 and expressly disclaims all other warranties, conditions and representations, either express or implied, with respect to the mobile application, its documentation, their updates and upgrades, including without limitation any warranties, conditions and representations of merchantability, satisfactory quality, non-infringement of third-party rights and fitness for a particular purpose. Further, while Schneider Electric has taken reasonable steps to ensure the accuracy of the information contained in or shown by the mobile application and its documentation, Schneider Electric makes no warranty or representation of any kind, whether express or implied, as to whether the mobile application or any information contained in or shown by the mobile application and its documentation will meet your requirements, expectations or purposes or that the operation of the mobile application will be uninterrupted or error-free or that the mobile application will be protected against all possible security threats, internet threats or other threats or interruptions.

10.6    No oral or written information, statement, opinion or advice given by Schneider Electric, its employees or its authorized distributors or resellers or certified partners, or anyone else on its behalf, shall create any liability or in any way extend or vary the scope of the warranties expressed in these terms of use.

 11. LIABILITIES

11.1    In no event shall Schneider Electric (by reason of its own acts or omissions or those of any third-party involved in the creation, production or delivery of the application, including but not limited to Schneider Electric’s licensors) be liable to you or any third-party for any indirect, incidental, special, punitive or consequential damages, such as but not limited to loss of revenue, loss of business, loss of profits or contracts, loss of anticipated savings, business interruption, loss of data, loss of reputation or waste of management or office time, arising out of or in connection with the use, inability to use or misuse of the application, whether based on contract, tort, warranty or other legal ground and even if Schneider Electric has been advised of the possibility of such damages.

11.2    Except in case of (i) Schneider Electric’s fraud or fraudulent misrepresentation, (ii) Schneider Electric’s intent, wilful misconduct or gross negligence, or (iii) death or injury to an individual person where no limitation of liability shall apply, Schneider Electric’s total liability arising out of or in connection with these terms of use, the mobile application or its documentation, shall be limited to and shall in no event exceed the total amount paid by you to acquire the right to access and use the mobile application with respect to which liability is claimed.

11.3    Schneider Electric’s liability arising out of these terms of use is reduced proportionally to the extent to which the act or omission of You or any other third person contributed to the loss or damage incurred.

11.4    In case the right to access and use the mobile application was furnished to You by any authorized Schneider Electric distributor or reseller or any Schneider Electric certified partner, with or without a third-party product, Schneider Electric shall in no event be a party to any purchase order or other agreement between You and such distributor, reseller or partner and shall not assume or otherwise bear any liability thereunder.

11.5    The foregoing exclusions and limitations do not affect your statutory rights for those liabilities which by law cannot be limited or excluded by contract.

 12. INDEMNIFICATION

12.1      You shall defend, indemnify, and hold harmless Schneider Electric, its Affiliates and each of their respective officers, directors, employees, licensors, contractors, successors and assigns from and against any and all claims, actions, suits, demands, proceedings, judgments, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or related to (i) any User Data; (ii) any breach by You of any of Your obligations under these Terms of Use such as but not limited to any unauthorized use of the Mobile Application; (iii) any misuse by You of the Mobile Application such as but not limited to Your use of the Mobile Application in a manner contrary to its Documentation, (iv) any failure by You to comply with any applicable law and/or regulation in connection with Your use of the Mobile Application, (v) any use of the Mobile Application with any hardware, software, firmware, operating system or solution not supplied, not specified or otherwise not approved by Schneider Electric to be used with the Mobile Application; and/or (vi) any modification, alteration or maintenance of the Mobile Application by anyone other than Schneider Electric without the written approval of Schneider Electric.

12.2    Schneider Electric will defend You, Your Affiliates and, as the case may be required under applicable law, Your respective officers, directors and employees, against any third-party claim that the Mobile Application infringes or misappropriates an Intellectual Property Right of a third-party (“IP Claim”), and will indemnify You, Your Affiliates and, as the case may be required under applicable law, Your respective officers, directors and employees, for any direct losses, damages, expenses, costs and amounts (including without limitation court costs and reasonable legal fees) incurred by or awarded against any of You, Your Affiliates and, as the case may be, Your respective officers, directors and employees as a result of such IP Claim by any final decision of a court of competent jurisdiction or agreed to by Schneider Electric in settlement. These obligations are given upon the condition that (i) You promptly notify Schneider Electric of the IP Claim in writing immediately upon the Your awareness of such IP Claim; (ii) You give Schneider Electric sole authority and control of the defense of such IP Claim; and (iii) You provide all information and assistance requested by Schneider Electric to handle the defense and settlement of such IP Claim.  In the event of an IP Claim pursuant to this Section 15.2., Schneider Electric may, at its option and own expense, either (i) obtain for You and as the case may be applicable Your Affiliates, the right to continue using the Mobile Application; (ii) replace or modify the Mobile Application to make it non-infringing; or (iii) if subsections (i) and (ii) are not commercially reasonable as determined by Schneider Electric in its sole discretion, terminate the right for You to use the Mobile Application and refund You, on a pro-rated basis for the corresponding unused period of the Mobile Application, with any amount You pre-paid to Schneider Electric to acquire the right to access and use the Mobile Application. This Section 15.2. states Your sole and exclusive remedy against Schneider Electric and Schneider Electric’s sole liability to You, Your Affiliates and Your respective officers, directors and employees for any IP claim.

12.3     To the extent permitted by law, Schneider Electric will have no liability to You under Section 13.2. of these Terms of Use for any IP Claim that arises out of: (a) any User Data; (ii) any breach by You of any of Your obligations under these Terms of Use such as but not limited to any unauthorized use of the Mobile Application; (iii) any misuse by You of the Mobile Application such as but not limited to Your use of the Mobile Application in a manner contrary to its Documentation, (iv) any failure by You to comply with any applicable law and/or regulation in connection with Your use of the Mobile Application, (v) any use of the Mobile Application with any hardware, software, firmware, operating system or solution not supplied, not specified or otherwise not approved by Schneider Electric to be used with the Mobile Application; and/or (vi) any modification, alteration or maintenance of the Mobile Application by anyone other than Schneider Electric without the written approval of Schneider Electric; or (g) Your use of the Mobile Application after notice by Schneider Electric or any appropriate authority to You of the alleged or actual infringement or misappropriation by the Mobile Application of any third-party’s Intellectual Property Right.

13. THIRD-PARTY WEBSITES AND CONTENTS

In case the Mobile Application enables the User to link to, transmit User Data to, indicate the web address of or otherwise access to, any third party’ website or third-party’ contents, products, services or information, the User shall bear all risks associated with the access and use of such third-parties’ websites and /or contents, products, services and information. Schneider Electric does not control and is not responsible for such third-parties’ websites or any such third-parties’ contents, products, services and information accessible from or provided through such third-parties’ websites.  Any access to third-parties’ websites or any use of third-parties’ contents, products, services or information through Your access and/or Your use of the Mobile Application shall be subject to said third-parties’ own terms of use or other legal document which shall govern the relationship between You and said third-parties with respect thereto.

14. EXPORT CONTROL

You agree that You will comply with all applicable local (on both federal and state level, when applicable) and international laws and regulations, including but not limited to export control laws and regulations of the United States of America or other jurisdictions, that relate to Your use of the Mobile Application.

The export of products, software, technology or information may be subject to control or restriction by applicable laws or regulations on the control of export, notably the United States Export Administration Act and the regulations thereunder, and the European Union Regulation applicable to dual use products and technologies. You are solely responsible for determining the existence and application of any such law or regulation to any proposed export by You or Your representatives of the Mobile Application or any service based or otherwise implementing Your right to access and use the Mobile Application and for performing any declaration or obtaining any required authorisation in relation therewith. You agree not to export the Mobile Application or any service based or otherwise implementing Your right to access and use the Mobile Application from any country in violation of any applicable legal or regulatory obligations or restrictions on that export.

In the event the aforementioned legal or regulatory obligations or restrictions are violated by You or any of Your representatives in relation with the export of the Mobile Application or any service based or otherwise implementing Your right to access and use the Mobile Application, You shall indemnify and hold Schneider Electric, its Affiliates and each of their respective officers, directors, employees, licensors, contractors, successors and assigns harmless from any claims and compensate the same against any damages claimed by any third-party (including but not limited to governmental and/or international authorities and/or organizations) against Schneider Electric as the result of any such violation by You or Your representative(s).

15. ASSIGNMENT

 Your rights or obligations under these Terms of Use may not be sold, sub-licensed, rented, assigned, delegated, transferred or otherwise conveyed by You or Your representatives without Schneider Electric’s prior express written consent. The license granted to You under these Terms of Use is granted on an intuitu personae basis. Schneider Electric may assign this license to any company within the Schneider Electric Group of companies or to any company it may acquire control of or merge with.

16. TERMINATION

16.1    While not obligated to perform investigations, Schneider Electric may investigate violations of these Terms of Use or misuse of the Mobile Application and cooperate with appropriate law enforcement authorities with respect to security threats, fraud, or other illegal, malicious, or inappropriate activity by You or any third-party through Your access to and/or Your use of the Mobile Application.

16.2    Schneider Electric is entitled, at any time and without notice or liability to You, to terminate the license right granted to You to use the Mobile Application if You breach any of Your obligations under these Terms of Use or You violate or otherwise infringe any applicable laws in the access to or the use of the Mobile Application. Termination by Schneider Electric of the license right granted to You to use the Mobile Application shall not waive or affect any other right or remedies to which Schneider Electric may be entitled under these Terms of Use, at law or, if applicable, in equity, further Your breach or infringement as stated above.

Without prejudice to the foregoing, termination by Schneider Electric of the license right granted to You to use the Mobile Application shall automatically and immediately cause the termination of the legal agreement formed between You and Schneider Electric by Your acceptance of these Terms of Use.

16.3    Upon expiration or termination of the license right granted to You hereunder, You undertake to immediately discontinue the use of the Mobile Application and You must delete or expunge the Mobile Application from all computers, hard disks, servers, tablets, smart phones or other mobile devices onto which You downloaded it. You shall upon Schneider Electric’s request provide Schneider Electric with a written certification that You have carried out the required actions set out in this Section 19.3.

16.4    Termination by Schneider Electric of the license granted to You hereunder and these Terms of Use does not affect any rights or remedies which may have accrued to You or Schneider Electric before said termination under these Terms of Use, at law or, if applicable, in equity.

17. MISCELLANEOUS

17.1    Schneider Electric is an independent contractor. Each of You and Schneider Electric agree that no partnership, joint venture, or agency relationship exists or is created by these Terms of Use between You and Schneider Electric.  Neither You nor Schneider Electric is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of one another.

17.2    No third-party beneficiary relationship is created by these Terms of Use. These Terms of Use shall not be construed to confer any rights or remedies to any third-party.

17.3    These Terms of Use constitute the entire agreement between You and Schneider Electric in relation to Your right to use the Mobile Application and replaces any previous agreement or understanding, whether oral, electronic or written, in relation with the same subject matter. Documentation forms an integral part of the license granted under these Terms of Use. In case of a discrepancy between any provision of these Terms of Use and the provisions of the Documentation, the provisions of these Terms of Use shall prevail.

17.4    Should any provision of these Terms of Use be declared invalid or unenforceable by any competent jurisdiction, such provision of these Terms and Conditions shall be amended by Schneider Electric to achieve as nearly as possible its inner intent, and all other provisions of these Terms of Use shall remain valid and in full force and effect.

17.5    All notices sent in pursuance of these Terms of Use shall be in writing. Notices of a general purpose related to the Mobile Application shall be given by Schneider Electric by means of a general information posted on the landing page availing the Mobile Application for download. Notices specifically addressed to You shall be given by Schneider Electric, at its election, by electronic mail to the electronic address on record in the information You provided to download the Mobile Application or, when applicable, to create Your user account within the Mobile Application, or by written communication sent by first class mail or pre-paid post to the address of Your registered office or principal place of business. Any notice by the User to Schneider Electric shall be in writing sent by first class mail or pre-paid post to the address of Schneider Electric’s registered office or principal place of business.

17.6    Schneider Electric’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Schneider Electric of any right to enforce these Terms of Use, nor shall any course of conduct between Schneider Electric and You or any third-party be deemed to modify any provision of these Terms of Use.

17.7    Headings in these Terms of Use are just for ease of reference and will not affect its interpretation.

17.8    Words expressed in the singular include the plural and vice versa.

17.9    Section 7 “Title and trademarks”, Section 13 “Warranties and disclaimers of warranties”, Section 14 “Liabilities”, Section 15 “Indemnification”, Section 17 “Export control”, Section 19 “Termination” and Section 21 “Applicable law and attribution of jurisdiction” of these Terms of Use shall survive termination or expiration of these Terms of Use or the license right granted to You hereunder. Furthermore, provisions that by their nature are intended to survive termination or expiration of these Terms of Use or the license right granted to You hereunder, shall survive such termination or expiration.

17.10    Schneider Electric reserves the right, at its sole discretion, to amend, add or remove any provision to or from these Terms of Use at any time. Any such amendment, addition or removal to these Terms of Use will be published online without specific notice. Schneider Electric thus invites every User to consult regularly these Terms of Use before using the Mobile Application. It is the User’s responsibility to check these Terms of Use prior to each use of the Mobile Application. The User’s continued use of the Mobile Application after any amendment, addition or removal to these Terms of Use is published by Schneider Electric, shall be deemed as the User’s acceptance and agreement to the changed Terms of Use.

18. APPLICABLE LAW – ATTRIBUTION OF JURISDICTION

18.1    These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom and Germany, to the exclusion of said country’s conflict of law rules.

18.2    Any dispute between You and Schneider Electric arising out of or in connection with these Terms of Use and/or the Mobile Application, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, which cannot be amicably settled, shall in all cases be finally settled according to the law governing these Terms of Use as defined above, by the courts, to the exclusion of any other jurisdiction, including in case of plurality of defendants, injunction-like or emergency proceedings and appeal in warranty.

18.3    You acknowledge and accept that Schneider Electric will be irreparably damaged (and damages at law may be an inadequate remedy) if You breach any provision of these Terms of Use and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of these Terms of Use, Schneider Electric shall be entitled, in addition to all other rights or remedies, to (a) an injunction or other injunctive relief restraining such breach, without being required to show any actual damage or to post an injunction or other bond; and/or (b) a decree for specific performance of the applicable provision of these Terms of use, to the extent permitted by applicable law in the country where Schneider Electric has its registered office or principal place of business and/or, as relevant in the context, where You will download, install, run or otherwise use the Mobile Application, on either federal or state level when applicable.

United Kingdom

Schneider Electric Residential Controls UK Ltd

401 Southway Drive, Plymouth, England, PL6 6QT

Registered office address (UK) Schneider Electric, Stafford Park 5, Telford, England, TF3 3BL

Company number 00739180

Website www.draytoncontrols.co.uk

Germany

Eberle Controls Gmbh

Klingenhofstrasse 71

Nuremberg,  90411

Germany

Website www.eberle.de