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YOKIS PRO Application GENERAL TERMS OF USE

Introduction

Yokis Pro Building automation application is owned by URMET FRANCE SA, a company having a share capital of 600,000 Euro, registered in Pontoise Trade register under number 329,767,594, whose registered office is at 94, Rue de la Belle Etoile, 95700 Roissy-en-France, intra-community VAT number: FR85329767594.

Information for the Customer Service in your country: www.yokis.com

Information for the Password Editing Service in your country: www.yokis.com

Information for the Data Deletion Service in your country: www.yokis.com

Article 1 – General terms of use application

These general terms regulate the relationship between URMET and the Installer concerning the use of YOKIS PRO Application and the associated Services.
The use of YOKIS PRO Application implies full application of these general terms prevailing over all the terms provided for by the Installer and over all the other documents that have not been expressly accepted by URMET.
In order to access and use Yokis Building automation application, the Installer 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 Installer about said changes.

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:

  • “YOKIS PRO Building automation application” shall mean the application allowing the Installer to configure the Customer’s Yokis Building automation equipment.
  • “Customer” shall mean the natural or legal person purchasing Yokis Building automation equipment from the Installer.
  • “Yokis Building automation equipment” shall mean all Yokis building automation equipment installed at the Customer’s residence or managed by the Customer and operating thanks to Yokis YnO Building automation application.
  • “Installer area” shall mean the Installer’s personal interface on Yokis Building automation application allowing the Installer to access all the Services.
  • “Installer” shall mean the professional, corresponding to a company name and registration number, supplying the Customer with and installing Yokis Building automation equipment and in charge of setting and configuring it.
  • “Project” shall mean Yokis Building automation equipment installation project for a particular Customer in a particular position. 
  • “Building automation scenario” shall mean the control device diagram and/or the actions defined and programmed for a Project.
  • “Services” shall mean the services that URMET provides to the Installer through Yokis Building automation application.

3.1. Technical access conditions.

The Installer may access the Building automation application and Services as follows:

  • – Download Yokis Building automation application on your ANDROID tablet equipped with a USB OTG port, except for any other operating system like iOS, or through Yokis tablet where Yokis Building automation application has been previously installed and allowing the use of Yokis Building automation application only;
  • – Then connect a Yokis USB drive, the so-called Yokey, to the tablet.

Yokis tablet and Yokey USB drive are sold by URMET or by resellers of Yokis building automation products.

3.2. Installer area creation

Access to Yokis Building automation application is subject to the creation, by the Installer, of an Installer area characterised by its own credentials including an e-mail address and a password chosen by the Installer.
The Installer is allowed to create one Installer area only.
Upon Installer area creation, the Installer undertakes to provide exact and complete information and to update it throughout the use of Yokis Building automation application.
Upon Installer area creation, the Installer will receive an e-mail to confirm the credentials and activate the Area. Once the Installer area has been activated, the Installer will be able to access the Services offered by Yokis Building automation application.
The Installer’s credentials are strictly personal and confidential. The Installer is solely responsible for their safekeeping and use and may not communicate them to third parties.
The Installer may edit the password by accessing the Installer area in Yokis Building automation application or by sending an e-mail to the customer service in the corresponding country, which can be found at www.yokis.com.
URMET is authorised to change the Installer’s credentials for technical and safety reasons or upon an authority’s request. In this case, URMET will inform the Installer via an e-mail or a letter sent to the addresses communicated by the Installer.
In case of theft and/or fraudulent use of the credentials, the Installer must inform as soon as possible URMET’s Customer Service, using the contact details contained in the introduction to these general terms. The Customer Service, in agreement with the Installer, may interrupt access to the Installer area and the associated Services.
The Installer must forward URMET, by recorded delivery, evidence of said theft and/or fraudulent use of the credentials, together with a copy of an identity document. URMET will provide the Installer with new credentials.

3.3

Yokis Building automation application and the associated Services require the Installer to have a valid e-mail address throughout the use of the Services. If another e-mail address is adopted, the Installer has to edit the communicated e-mail address in the “My account” area.
The Installer agrees to receive by e-mail all the information necessary to access and use Yokis Building automation application and Services, such as credential confirmation, personal account detail edit, as well as information concerning modifications to these general terms.

4.1

Yokis Building automation application allows the Installer to exploit the Services described in the commercial documents supplied with Building automation equipment or available on URMET’s website. They specifically include the following features:

  • – The Installer may manage and monitor the Projects for every Customer. For each Project, the Installer specifies the Project name, the Customer’s name, the name of the person in charge when the Project involves a public estate shared among many owners (e.g. block of flats), the address of the residence receiving Yokis Building automation equipment. The Installer may also define and include maps and photos concerning the place where Building automation equipment is installed. The Installer may transfer the data collected for each Project to URMET’s Cloud at any time, so that it is stored and kept. Failure to perform such procedure will store the data locally, on the Installer’s tablet, only. The Installer is solely responsible in case of total or partial loss or editing of the data and, as such, no complaint may be lodged against URMET.
  • – The Installer may access the library of the Building automation scenarios created by URMET. Starting from the data communicated by the Installer during Project creation (in particular the number and age of the residents, etc.), URMET will be able to suggest the best Building automation scenarios contained in the library for a specific project. The Installer may create his/her own Building automation scenarios too.
  • – The Installer may set and configure Yokis Building automation equipment for each Customer.

Once Yokis Building automation equipment installation, configuration and setting are complete, the Project concerned is finished. The Project data and in particular its settings are stored directly in the unit installed in the residence by the Installer and connected to Yokis Building automation equipment. Please note that, at the end of the Project, all the rights relating to the Project data are irrevocably made available to the Customer who may have them edited without the Installer’s intervention.
For storage purposes, the Installer may also transfer the data relating to each Project to URMET’s private Cloud. Starting from the data transferred to URMET’s Cloud, the Installer may generate an end-of-Project report in PDF format. When data is transferred to the Cloud, the Installer’s intellectual property rights over Building automation scenarios are transferred to URMET, for the entire duration of the protection of such rights.
Once the Project is complete, the Installer cannot access the data and settings of the Project’s Building automation equipment any more. Access to such data is allowed to the Customer only. The latter may grant the Installer a right to access such data after Project completion

4.2

The Installer undertakes to use Yokis Building automation application and Services in accordance with these general terms and in compliance with the applicable rules.
The Installer undertakes not to use the Services, Yokis Building automation application and every kind of information or element in an abnormal or improper way that would alter their operation or execution. The Installer adopts all the measures and precautions necessary to avoid any illicit and hazardous use or any use contrary to the normal one that the Installer and any other person under his/her control and direction could make of the Services and Yokis Building automation application.
The Installer undertakes not to download or transfer any data containing or subject to contain viruses or any programme that could alter Yokis Building automation application and Services operation or damage URMET, Building automation equipment, Yokis Building automation application, Services and Customers.
No complaint may be lodged against URMET and URMET shall not be liable in case of Yokis Building automation application and Services malfunction due to any abnormal or improper use or any use contrary to these general terms.

Article 5 – Services maintenance / interruption

URMET applies the necessary means in order to ensure Yokis Building automation application and Service continuity. In such a context, URMET applies the necessary means in order to ensure a corrective and scalable maintenance of Yokis Building automation application and Services.
Particularly for maintenance and safety reasons, URMET reserves the right to temporarily interrupt without prior notice, in whole or in part, access to Yokis Building automation application and Services and, as such, the Installer cannot claim any compensation.
If the Installer experiences unusual Yokis Building automation application and/or Service interruptions, any question and/or complaint may be forwarded to URMET’s Customer Service.

Article 6 – Intellectual property rights

6.1

URMET and the parties entitled own, in whole or in part, all the intellectual property rights over Yokis Building automation application, Building automation equipment and Services.
The Installer undertakes to 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 Installer 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.

6.2

URMET is the sole owner of the copyright over Building automation scenarios it has created. The Installer may not reproduce, represent, adjust, reprogram or edit such Building automation scenarios beyond Yokis Building automation application and Service use. The Installer transfers to URMET, for free, the right to reproduce, edit and adjust, in whole or in part, the Building automation scenarios created during the use of Services and Yokis Building automation application, and transferred to URMET’s Cloud, for the entire duration of the protection of the rights protecting Building automation scenarios.

6.3

The Installer states that he/she owns all the rights, particularly concerning intellectual property, and/or the necessary authorisations over the elements downloaded into Yokis Building automation application and/or transferred to URMET’s Cloud (particularly maps, photos, pictures, texts). The Installer 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.).

6.4

If the Installer breaches this clause, URMET reserves the right to revoke or interrupt, in whole or in part, access to Yokis Building automation application and Services by the Installer, without prejudice to the right to claim a compensation for the damage suffered.

Article 7 – Duration/Interruption/Termination

7.1

These general terms may be applied throughout the use of Yokis Building automation application and Services by the Installer.

7.2

If the Installer breaches these general terms, URMET reserves the right to temporarily interrupt access to Yokis Building automation application and Services for the time necessary to collect the Installer’s explanations. URMET will send an e-mail informing the Installer about Yokis Building automation application and Service access interruption.

7.3

Access to Yokis Building automation application and Services may be revoked at any time by the Installer. The Installer must forward URMET the request by recorded delivery using the address contained in the introduction to these general terms. The Installer will receive an e-mail confirming the acceptance of such termination request. Termination will come into force thirty (30) days after receipt of the Installer’s request to revoke the access.

7.4

URMET may revoke access to Yokis Building automation application and to Service supply provided that it informs the Installer at least three (3) months before the actual interruption of Yokis Building automation application.
URMET may revoke without prior notice, in whole or in part, the Installer’s access to Yokis Building automation application and Services in the following cases, as well as those cases expressly set forth in these general terms:

  • – Identity theft by the Installer
  • – Communication of false or incomplete information about the Installer upon Installer area creation;
  • – Abnormal or improper use of Yokis Building automation application and Services;
  • – Breach of URMET’s intellectual property rights, such as the ones contained in article 8 of these general terms;
  • – Improper refusal by the Installer to transfer Building automation equipment configuration and settings to a Customer.

Article 8 – Liability

URMET undertakes, to the greatest extent possible, to apply all the attention and diligence necessary to ensure access to Yokis Building automation application and to perform the Services in accordance with the uses of the profession and of standard practice.
URMET’s liability is expressly excluded in the following cases:

  • – Failure of the Installer to meet his/her obligations under these general terms;
  • – Use of inappropriate equipment or of equipment that does not comply with the provisions set forth by these general terms;
  • – Interruption in the Internet, telephone or electricity network of the Installer, Customer or any other operator;
  • – Server malfunction that is not ascribable to URMET;
  • – Any misappropriation of the Installer’s credentials, as the Installer is fully liable for them;
  • -Any fortuitous or force majeure event such as the ones defined in article 9 of these general terms.

Under no circumstances will URMET be held liable for any indirect, material or non-material damage, suffered by the Installer (including loss of earnings, trade loss, damage to his/her reputation) as well as for any direct damage that does not derive from the failure of URMET to meet its legal and contractual obligations.

Article 9 – Force majeure

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 French law. Now, therefore, the following events constitute force majeure:

  • – Ban or limitation on telecommunication service supply by public authorities, in particular any service interruption expressly requested by an administrative authority or competent jurisdiction;
  • – Energy supply stop, transmission network interruption and/or malfunction, including Internet access;
  • – Telecommunication media malfunction and/or sabotage, computer hacking;
  • – 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;
  • – Total or partial strike.

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

Article 10  – Personal details / Privacy policy

10.1

Pursuant to law no. 78-17 of 6 January 1978 as amended, concerning IT, files and freedoms, URMET informs the Installer that any information and personal detail collected upon subscription and use of Yokis Building automation application (in particular: name, surname, postal, electronic and telephone details) is subject to processing.
URMET declared such personal detail processing to Commission Nationale de l’Informatique et des Libertés (CNIL), with receipt no. 1968097.
The Installer will be informed about necessary or optional data by means of an asterisk (*). If the Installer refuses to provide compulsory data, he/she will not be able to use Yokis Building automation application.
The data collected will be exploited for Yokis Building automation application use and Service execution, 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.
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.
URMET undertakes to disclose personal details only with an explicit authorisation or under special circumstances, such as the ones set forth below.

  • – 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 Installer’s country of residence or other;
  • – 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; 
  • – URMET may also disclose the data concerning the Installer if such disclosure is considered reasonably necessary to respect this clause or protect its activities or the Installer;
  • – In case of reorganisations, URMET may transfer all the personal details collected to the party entitled.

With the proviso that he/she has to justify his/her identity, the Installer has the right to access, edit, rectify and destroy his/her data by sending a request to URMET using the following address: URMET FRANCE, fao Customer Service 94, rue de la Belle Étoile, 95700 Roissy-en-France.
All the people having their data collected may, for legitimate reasons, also oppose data processing by contacting URMET using the following address: URMET FRANCE SA, fao Customer Service 94, rue de la Belle Étoile, 95700 Roissy-en-France.

10.2

The Installer undertakes to comply with the applicable rules about personal detail collection and processing pursuant to law no. 78-17 of 6 January 1978 as amended, concerning IT, files and freedoms, and to submit the necessary papers to CNIL.

Article 11 – Miscellaneous provisions

If any provision set forth by these general terms is declared invalid or unenforceable, the remaining provisions of these general terms shall remain in effect.
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.
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.

Article 12 – Applicable law / Litigation settlement

These general terms are subject to French law.
URMET and the Installer agree to submit any litigation arising from these general terms, concerning their validity, interpretation, execution, termination, consequences and repercussions, to a conventional mediation process. If the parties do not agree on the identity of the mediator, the most diligent party may urge the President of the Commercial Court of Pontoise to appoint a mediator.
Any litigation that is not settled by means of a mediation will be submitted to the competent Court in Pontoise’s district, even in case of summary judgement, plurality of defendants, cross-appeal or action in warranty.

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