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Terms of BeeWi Home Services 
(Effective as of 25 September 2015)

OTIO is designing, manufacturing and ensuring distribution and selling, directly or through an authorized reseller network, of an Internet gateway for Connected Objects and compatible devices, the whole forming the BeeWi Home Offer.

As part of the marketing of this Offer, OTIO referred to as “OTIO” or “we”, sells (1) the BeeWi Home Range of consumer electronics products (the “Products”), and (2) makes available an internet Website, (the “Site”) accessible at the URL address www.beewi-home.com for subscription of a personal User account, (3) Web Apps accessible on the Site, allowing the User (the “User” or “you”) to set up, manage, control remotely and communicate with the connected Products via the internet gateway, (4) Mobile Apps downloadable on smartphones or tablets, usable on a standalone basis or publishing the Web apps, (5) a notification system by e-mail or mobile notifications (the “Notifications”). The Site, Web Apps, Mobile Apps and Notifications shall hereinafter refer as to the services (the “Services”).

These Terms of Services govern your access to, and use of the Services available on the Site or a Mobile Application downloading platform, to a BeeWi home Products’ User. They incorporate the applicable policy of personal data protection and therefore, constitute one single document.
The BeeWi Home Products are governed by the limited warranty (The “Limited Warranty” provided with the Products and made available on the website www.bee-wi.com.

1 Terms of Use Acceptance

These Terms of Use are a legal agreement. By accessing and using all or part of the Services, You are accepting and agreeing to the provisions of these terms.

WE ESPECIALLY DRAW YOUR ATTENTION TO THE CLAUSE 4 DESCRIBING IMPORTANT LIMITATIONS OF THE SERVICES USE IN CONNECTION WITH LIFE SAFETY AND EMERGENCY SERVICES MANAGEMENT; SO PLEASE READ THEM CAREFULLY.

You represent and warrant that You have legal right, authority and capacity to accept and agree to these terms, enter this agreement and access to the services according to applicable law in your jurisdiction or residence.

By subscribing on the Site and accessing to and using all or part of available Services through the Web Apps or Mobile Apps, You acknowledge that You have read, understood and agreed to be bound by the Terms of Use
OTIO may make change to these Terms of Use at any time without prior notice. You may read the update and effective version of these Terms of Use at any time on the Site.

The revised Terms of Use will become effective upon posting on the www.beewi-home.com Site. At any new connection on the Site, You are informed of the last update and invited to read them right away.

Any use of the Services after such posting shall constitute your acceptance of any such changes. If You do not agree with all or part of the revised Terms of Use, do not continue to use the Services and cancel any subscription you may have.

 

2 Use of the Services

2.1 User Account Creation. 

To use the Services, you may register for a User Account, and provide certain information as displayed in the applicable registration form available on the Site. You represent and warrant that all required registration information that you submit is accurate and that you will maintain the accuracy of such information.

2.2 Confidentiality of the login credentials. 

You are entirely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to maintain your login and password (that use at least eight characters) securely to prevent others from gaining access without your permission. You agree to notify OTIO immediately of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. OTIO is not liable for any loss or damage arising from your failure to comply with the requirements above.

2.3 Security of personal information. 

OTIO cares about the security of your personal information and the reliability of security measures. However, OTIO cannot guarantee that unauthorized third parties will never be able to defeat our security systems and use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

2.4 Personal right granted to the User. 

Subject to these Terms, OTIO grants you a personal, free, non-transferable, non-exclusive right to access and use the Services and content made available by using the Web Apps and Mobile Apps about and solely for the purpose of managing, controlling and communicating with the installed Products of the BeeWi Home range.

2.5 Automatic Software Updates. 

OTIO may, from time to time, develop patches, bug fixes, upgrades and other modifications to software and firmware as to improve the performance of the Services and the Products. These updates may be automatically installed without providing any additional notice or receiving any additional consent from your first registration. You consent to this automatic update. If you do not agree this process, you should cease accessing and using the services.

2.6 Fair use of the Services. 

You agree that you will not take any action that imposes an unfair or disproportionate load on the servers or systems implemented to provide the services or use any software, device or routine that may adversely affect the proper functioning of the services, or delete, change any information posted on the Web or Mobile Apps by OTIO or any other person.

2.7 Content. 

The Services may display or perform materials (“Content”), including software, text, graphics, measures, results, photographs, drawings, messages, notes, designs, files, charts, data and any other kind of present or future Content, owned by or licensed to OTIO by any third party, to the exclusion of information that you and other users provide us with during using the services.

2.8 Intellectual property laws. 

The Services and Content owned by OTIO are protected by the French Property laws and any other intellectual property law that may apply. You acknowledge and agree that OTIO owns all legal rights, title and interest in ant to the Services and Content (Whether these rights were registered or not, and wherever these rights may exist in the world). Under the present terms, the Services are licensed and not sold.

2.9 Open Source. 

Certain items of independent, third-party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU Public License (“GPL”) or other open-source licenses (“Open-Source Software”). The Open-Source Software are licensed under the terms of the license that accompanies such Open-Source Software. Nothing in these Terms limits your rights under or grants you rights that supersede the terms and conditions of any applicable end-user license for such Open-Source Software. In particular, nothing in these Terms restricts your right to copy, modify and distribute such Open-Source Software that is subject to the terms of the GPL.

2.10 Users generated Content. 

The Services may display or perform materials, including software, text, graphics, measures, results, photographs, drawings, messages, notes, designs, files, charts, data and any other kind of present or future Content generated or made available by you or other users. You hereby grant to OTIO a perpetual and irrevocable right, non-exclusive, royalty free license, with the right to sub-license worldwide, to access to yours to publish, display and use it in any other format (including any intellectual property rights), solely in the framework of the Services that We provide for. You hereby grant to any other User of the Services a non-exclusive right to access to and use your generated Content through the Services as permitted by the Services functionalities.


3 Agreed Use and Limitations of BeeWi Home Products and Services


3.1 Systems requirements. 

It is your responsibility to ensure that you have all required compatible systems elements at the Products installation location and that they are compatible, properly set up and adequately performing: 
• Internet router with a free Ethernet connector
• Always-on Home broadband connection (At least 1m/bits Download speed)
• One desktop and/or one tablet and/or one smartphone compatible with the Web Applications
• One tablet or one Smartphone compatible with the mobile operating systems IOS or Android.
It is expressly agreed that connection and communication costs to mobile or landline networks (2G, 3G, 4G networks, landline, broadband) used for the access to the BeeWi Home Services are solely borne by the User.

3.2 limits to Products and Services operated simultaneously. 

The number of connected Products and operated Services on a sole Internet Gateway has some limitations. The maximum number of connected Products to the internet gateway is limited to 16. The groups of light bulbs to be created and operated are limited to 4 and the number of light bulbs for each group is limited to 6.

3.3 Reliability of collected information. 

The services made available and ensure notification of information collected from the devices interconnected to the internet gateway. The information provided for is not intended to be 100% reliable and 100% available, cannot be used for non-time critical information. We do not guarantee its accuracy and timeliness.

3.4 Inadequacy of Services to Life Safety or Emergency Services Management. 

The BeeWi Home Services are intended to collect information from the Products as to manage, control remotely, set-up, communicate and interact with. The Products, the Services and the system infrastructure are not intended to be reliable and available 100% of the time and therefore, are not designed and adapted to the emergency management or life safety. The services including especially the alerts and notifications can incur interruptions for a variety of reasons including external or third parties services, and therefore, are provided purely as an indication and may be not substituted to a professional alert system. As a result, you acknowledge these limitations and agree that OTIO is not responsible for any damages allegedly caused by the failure, interruption or delay of the Services, including the Site, the Web applications, the Mobile Applications and the Notifications. You hereby acknowledge that OTIO has not duty or performance obligation, including alerts monitoring and/or notification and information to the emergency authorities.

3.5 Mobile application downloading platforms. 

You acknowledge and agree that availability of mobile applications strictly relies on downloading platforms such as Microsoft Market Place, Google Play store or Apple App Store. You hereby acknowledge that the present terms bind you to OTIO and not to a downloading platform of mobile applications. Every platform is more likely to apply its own terms that you should have to agree with before downloading the Mobile applications. You consent to comply with the terms of the mobile application downloading platform and your right to use these mobile applications is submitted to the respect of such terms. In all cases where those from the downloading platform are less restrictive or go against the hereby terms, the latter prevail. 

4 Terms, suspension and termination of services

These Terms will remain in full force and effect for as long as you continue to access or use the Services or until terminated in accordance with the provisions of these Terms.

You can terminate the hereby agreement entered with OTIO at any time, by an express request addressed to the BeeWi Home customer service at the following URL: help@bee-wi.com.

At any time, OTIO may suspend or terminate your rights to access or use the Services, or terminate these Terms with respect to you if you have breached any conditions of these terms of use, or OTIO is required to do so by law or any other reason which does not allow to provide the services, such as the impossibility to provide for the services in one country you reside or from which you use the services, or OTIO decides to his sole opinion, that the services are no longer commercially viable.

Without prejudice of the above, OTIO may change the access rights to the account, to his sole discretion, to restrict, suspend the services and content, without notice, for security reasons, systems failure, maintenance and repair, software modification, upgrade or update and/or any other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions.

If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services under your Account and will need to register for a separate Account on the Site.

5 Protection of Personal Data

Personal Data processed when you use the services and collected by OTIO are carried out, as part of the present terms, per law 78-17 of 6 January 1978 relating to Information technology, files and freedoms known as the ‘information technology and freedoms act’. You have the right to access, amend, correct and eliminate data concerning you at any time. To exercise this right, you need to only to send your request by post with a photograph of your identity card duly joined, to the address of OTIO registered office:
Customer Service BeeWi Home OTIO
719, rue Albert Camus
31190 Auterive France

OTIO shall use these data as part of direct Marketing operations by sending you by any kind of support and especially by e-mail, documentations on similar products or services. 
OTIO reserves the right:
• To communicate these data to other OTIO Group entities as part of the management or promotion of Group products or other Group Electronic communication services.

• To use these data as part of Direct marketing operations, to communicate to the User by phone or by post, commercial offers from partners which complement the products and services provided by OTIO.

In these two hypotheses, if the considered communication is planned by e-mail, your personal consent will be collected beforehand.

You hereby authorize OTIO to use your data related to your consumption as to propose you other OTIO products or services which can efficiently answer to your needs. You can exercise the right to eliminate data concerning you in the conditions described above at any time. Your personal data essential to execution of the agreements with OTIO shall be subject to communication to commercial partners.

OTIO reminds that services of the BeeWi Home offer are strictly limited to a personal and private use. If the installation of connected devices covers sound and/or image recordings, you are invited to look at the recommendations of the French Commission Nationale de L’informatique et des Libertés (CNIL) at the following URL address: www.cnil.fr).

To keep your Personal Data accurate, current, and complete, please visit the Account section of the Site. You may also contact us as specified above. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site. Please also feel free to contact us if you have any questions about OTIO Privacy Policy or the information practices of this Site. You may contact us as follows: help@Bee-wi.com..

6 Disclaimer of warranties

The warranty for the products is set forth in the limited warranty available on www.bee-wi.com.

THE SERVICES (I.E. THE SITE, WEB APP, MOBILE APP AND NOTIFICATION SYSTEM ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND OTIO, EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER, EXPRESS OR IMPLIED, ABOUT THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THEIR OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. 
OTIO DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 
OTIO DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, WILL BE ININTERRUPTED OR AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, OR THAT THE SERVICES, ITS SERVER, OR THE CONTENT, ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION.

WHEN YOU INSTALL, SET UP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY OTIO, YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.

THE CONTENT GENERATED BY THE SERCICES IS MADE AVAILABLE ON A PURELY INFORMATIVE BASIS. OTIO WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OF DATA AND MEASURES AS WELL AS ANY OTHER KIND OF CONTENT PROVIDED THROUGH THE SERVCICES WHICH CANNOT BE USED BY ANY MEANS AS A SOURCE TO MAKE A DECISION.

7 Limitation of Liability


Nothing in these terms and, in particular, within this limitation of liability, clause shall attempt to exclude liability that cannot be excluded or limited under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE DISCLAIMERS OF WARRANTY ABOVE, IN NO EVENT SHALL OTIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OR INABILITY TO USE, OR RESULTING FROM USE OF THE SERVICES AND THEIR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF OTIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTIO SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THEIR CONTENT AT YOUR OWN RISKS. THE AGGREGATE LIABILITY OF OTIO, TAKEN INDIVIDUALLY OR COLLECTIVELY, ARISING OUT OR RELATING TO THE SITE AND SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO EUR 100.

8 Indemnification

Upon simple request by us, you agree to defend, indemnify, and hold harmless OTIO from and against any losses, liabilities, damages and costs, including without limitation, reasonable legal and accounting fees, arising or resulting from any claims, actions or demands, related to your use or misuse of the Products or Services, your breach of these Terms of Use or any breach of any intellectual property or other third party rights, or any applicable law in connection with the use of the Services.

OTIO shall provide notice to you of any such claim, suit, or proceeding. OTIO reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting OTIO defense of such matter.

9 User compliance to applicable laws

Those Services are hosted in France. OTIO shall not be subject to any liability whether the Content may be downloaded, viewed, or be appropriate for use outside of France. If you access the Content or Services from outside of France, you do so at your own risk. Inside or outside of France, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10 General

10.1 Applicable law. 

These Terms of Use are governed by French law. Any dispute resulting from these Terms of Use will fall within the exclusive jurisdiction of the competent French courts.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Failure of OTIO to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use.

10.2 Survivability. 

The obligations in sections 2 (Use of services) 4 (Terms, suspension and termination of the services) 6 (Disclaimers of warranties) 7 (Limitation of liability), 8 indemnification and 10 (General) will survive any expiration or termination of these terms.

10.3 Transfer.

These terms of use can be subject to a transfer to the benefit of our successors, assigns, licensees and sublicenses, without limitation.

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