SOMFY PROTECT SERVICES AGREEMENT

Last updated April 1^st 2017 (See previous version as of December 31^st, 2016 here.).

1. Introduction

This Services Agreement (the “Services Agreement”) governs your use of the web-based and mobile services and functionality, including this website (the “Services”) provided by Somfy Protect or any of its subsidiaries, parents, and affiliates (“Somfy Protect”).

The Master Agreement is between you and Somfy Protect by Myfox S.A.S, located at Regent Part II, Bat. 1, 2460 l’Occitane, 31670 Labege, France.

The Master Agreement includes the following (each, a “Somfy Protect Agreement” or “Sub-Agreement”):

Somfy Protect Sales Terms & Conditions Agreement, found here
General Terms and Conditions of services for remote-controlled automation Systems, found here
Somfy Protect Services Agreement, found here
Somfy Protect Product & Services Warranty and Safety Warnings, found here
Somfy Protect Additional Terms Applicable to Specific Territories, found here

Any terms used in this Services Agreement but not defined will have the meanings given them in the Master Agreement, including, but not limited to, the Somfy Protect Hardware, Applications, and Embedded Software End User License Agreement.

By establishing an account with Somfy Protect or purchasing or using a Somfy Protect Product or Somfy Protect Services, you agree to be bound by all terms of the Master Agreement or applicable Sub-Agreement that are applicable in the territory where you are located. Somfy Protect retains the right to modify and change the Master Agreement or any of the Sub-Agreements, subject to applicable law, and your continued use of the Somfy Protect Product and/or Somfy Protect Services indicates your continued acceptance of the Master Agreement and/or any applicable Sub-Agreement.

For the avoidance of doubt, this Services Agreement incorporates and is subject to the Somfy Protect Master Agreement, as well as the Somfy Protect Website Terms of Use found here and the Somfy Protect Privacy Policy found here.

This Services Agreement also includes and incorporates by reference the Requirements for Proper Use of the Somfy Protect Products attached on Schedule 1.

2. Updates to the Services Agreement

Somfy Protect reserves the right, at our discretion, to change, modify, add or remove portions of this Services Agreement at any time by posting the amended agreement on or within the Services. We may, in our sole discretion, provide additional notice, such as an e-mail message or messaging within the Services, of any changes, but it is your responsibility to periodically check the Services Agreement for changes. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.

If at any point you do not agree to any portion of the then-current version of our Services Agreement, your sole remedy is to stop using the Services. You will be deemed to have accepted any changes to the Services Agreement by continuing to use the Service.

The optional Services that can be provided upon Client subscription or prepayment (the “Paid Services”) are presented on Somfy Protect websites and mobile applications. We may, in our sole discretion, change, modify, add or delete certain items included in the Paid Services by publishing a modified version of their presentation on our websites or mobile applications. We may, in our sole discretion, notify you of such amendment by email, but it is your responsibility to periodically check if any changes have been made. Unless otherwise stated, all amended provision is effective immediately upon publication.

3. The Service

The Service provided by Somfy Protect may be accessed via an Account (as defined below) on the web at www.somfyprotect.com, www.getmyfox.com, myfox.me, evology.myfox.me, www.myfox-online.com, www.myfox-evology.com, or on your mobile device via the Somfy Protect mobile app. The Services may contain free features accessible via your Account for no charge, as well as Paid Services which will only be accessible via your Account on a subscription or prepaid basis.

Some conditions and limitations of Paid Services are described in Appendix 2 below.

4. Use of the Service

You may only use the Service if you are over the age of 13 and are not barred from using the Service by law. If you are between 13 and 17 years of age, you must show your parent or guardian this Services Agreement and they must agree before you may use the Service. You may be required to register an account to use certain aspects of the Service (an "Account"), and other aspects of the Service may not be accessible from your Account unless you subscribe or pay certain specified fees. You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by contacting our support team at support@getmyfox.com. You are advised to use passwords that contain a combination of upper and lower case letters, symbols, and words, and you agree to immediately notify Somfy Protect of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Somfy Protect is not liable for any loss or damage arising from your failure to comply with the above requirements.

Somfy Protect may make the Services available through third party sites, platforms or services, and may provide you the opportunity to interface the Services to one or more third party products or services. Your authorization will be required for any such third party interfacing, and once you give your authorization, Somfy Protect may exchange information and control data regarding you and your products with such third parties. In addition, in order to access the Services through third parties or interface the Services with third party products and services, you may be required to agree to separate terms and conditions provided by the third party. If such consent is required and you choose to withhold it, then you may be denied use of the Services through those third parties or the ability to interface with third party products and services, notwithstanding your agreement to abide by the terms of the Somfy Protect Agreements. Moreover, if we provide the Services solely through such third party sites, platforms or services and you withhold your consent to their terms and conditions, then your right to use the Services under the Somfy Protect Agreements may terminate. Somfy Protect makes no representations or warranties about the safety or effectiveness of any third party products, services, or sites, and Somfy Protect is not responsible for your use of any such products, services, or sites or any harm or other losses relating to such use.

When creating or updating an Account, you may be required to provide Somfy Protect with certain personal information, which may include your name, birth date, e-mail address, location where the Hardware will be installed, and, in some cases, payment information. This information may include personally identifiable information, and will be held and used in accordance with Somfy Protect's Privacy Policy. You agree that you will supply accurate and complete information to Somfy Protect, and that you will update that information promptly after it changes. By using the Services, you represent and warrant that all information you submit is truthful and accurate.

The following rules shall apply to your use of the Services:

You will not use the Services for any commercial purpose unless expressly authorized by Somfy Protect in this Services Agreement or elsewhere in the Somfy Protect Agreements.
You will not abuse, hack, attack, interfere with, gain unauthorized access to, or disrupt the Service or do anything contrary to this Services Agreement.
You will not access the Services in a way that could violate applicable law, or in any manner not expressly authorized by Somfy Protect under this Services Agreement or in a separate written agreement.
You will not use the Services to infringe on the intellectual property or privacy rights of others, to obtain personal information or surveillance of others without authorization, or to otherwise violate applicable law.
You will not use the Services to monitor dangerous equipment.
You will not use any SIM card supplied by Somfy Protect other than with the Service, and you will notify Somfy Protect immediately if any SIM card is lost, stolen, or used without authorization.
You will use the Services in a prudent and responsible manner in keeping with the customary operation of a home automation and alarm system.
You will comply with all technical requirements for use of Somfy Protect products and services attached on Schedule 1, as well as any other requirements contained in the Master Agreement.

5. Limitations of the Services

While we aim for the Services (including any notifications or other alerts provided by the Services) to be highly reliable and available, it is not intended to be reliable or available 100% of the time, and we do not guarantee that you will always receive notifications. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Somfy Protect’s control, including Wi-Fi intermittency, services provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Somfy Protect is not responsible for any damages or injury allegedly caused by the failure or delay of the Services to reflect current status or notifications.

You further acknowledge that Somfy Protect does not guarantee that the Services will not be compromised or circumvented by third parties, or that the Services will provide adequate warning or protection from the events it is intended to detect and deter, including without limitation burglaries, robberies, fires, floods, or medical problems. The Services is intended to reduce the risk of damage or injury resulting from such events, but cannot eliminate that risk.

You acknowledge and agree that the Services, whether standing alone or when interfaced with third-party products or services, is not certified for emergency response. Somfy Protect makes no warranty or representation that use of the Services in combination with any third-party product or services will affect or increase any level of safety. YOU UNDERSTAND THAT THE HARDWARE AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – Somfy Protect DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, Somfy Protect support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.

YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR Somfy Protect HARDWARE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

6. Suspension and Cancellation of Account and Service

Somfy Protect reserves the right to suspend or revoke your Account and/or your access to the Services if you breach the terms of any Somfy Protect Agreement or if Somfy Protect is unable for technical reasons to provide the Services adequately to you, and you may terminate your Account at any time as well either from within your Account page on the Services, if such functionality is offered by Somfy Protect, or by notifying Somfy Protect’s customer support team at support@getmyfox.com. Any termination of your Account will automatically terminate your rights under the Somfy Protect Agreements, including without limitation the Somfy Protect End User License Agreement for Somfy Protect Hardware, Applications, and Embedded Software.

Somfy Protect reserves the right to stop offering and/or supporting the Services or a particular part of the Services at any time either permanently or temporarily. In such event, Somfy Protect shall have no liability in connection with such discontinued elements of the Services, and shall not be required to provide refunds, benefits or other compensation to users, except as provided in the Somfy Protect Sales Terms, found here.

If a subscription package including an unlimited text message or voice alert Services is terminated, the balance of your text messages and voice alerts that may have existed when the subscription was taken out will be put back to zero, and any associated SIM card will automatically be deactivated.

If Somfy Protect determines that Your usage misused or abused the purpose of the Paid Services or if an invoice has not been paid in due times, Somfy Protect reserves the right to terminate a Paid Services at any time with a 3 days prior notice as communicated by email.

If you transfer a Product to a new owner, your right to use the Services relating to that Product shall automatically terminate. The new owner will have no right to use the Hardware or Services under your Account and must instead register a new Account with Somfy Protect.

Somfy Protect reserves the right to cancel a Paid Service if, at its sole discretion, use of that service is inappropriate or abusive.

7. Proprietary Rights

The Services, including without limitation all applications, graphics, any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Services, is owned by Somfy Protect. Somfy Protect reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on any element of the Services except as expressly authorized by Somfy Protect.

8. Video Content

You may be able to record, view, and store video content from the Hardware (“Video Content”) on the Services. You acknowledge and accept that the camera image refresh rate and quality of your Video Content may fluctuate according to internet traffic levels, quality of your connection to your telecommunications operators, or other factors.

Somfy Protect claims no ownership over your Video Content. By using the Services, you grant Somfy Protect a worldwide, non-exclusive, royalty-free, sublicensable license to record and use the Video Content as necessary to provide the Services as determined by Somfy Protect in Somfy Protect’s sole discretion.

The foregoing license to your Video Content ends when you delete it or you close your Account. You understand and accept that removed content may persist in back-up copies for a reasonable period of time, and that Somfy Protect has no obligation to retain or store your Video Content after deletion of your Account except as required by applicable law.

9. Submissions

If you submit feedback, suggestions, proposals, comments or other materials within the Services, including but not limited to all correspondence and communication with Somfy Protect personnel and third party support personnel contracted by the Somfy Protect (collectively “Submissions”), you understand and agree that Somfy Protect (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may record and use your Submissions for any purpose in any way without notice or compensation to you.

10. Disclosure of Information

Your Video Content, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) are not confidential. Such information may be accessed, monitored, and used as necessary to provide the Services and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Services is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Somfy Protect, including to enforce this Services Agreement. By entering into this Services Agreement, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

11. Third Party Advertising and Links

You understand that the Services may feature advertisements from Somfy Protect or third parties. Somfy Protect's disclosure of information for third party advertising is addressed in Somfy Protect’s Privacy Policy.

Somfy Protect may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Somfy Protect makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Somfy Protect and may collect data or solicit personal information from you. Somfy Protect is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Somfy Protect of these linked sites.

12. Updates to the Services

You understand that the Services is an evolving one. Somfy Protect may require that you accept updates to the Services, and may automatically update the Services at any time with or without notifying you. By using the Services, you consent to these automatic updates. You may need to update third party software from time to time in order to receive the Services and use Somfy Protect’s software and hardware.

13. Indemnity

You agree to indemnify and hold Somfy Protect, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “Somfy Protect Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of this Services Agreement or any other Somfy Protect Agreement, or any breach of the representations, warranties, and covenants made by you herein. Somfy Protect reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Somfy Protect Parties, and you agree to cooperate with Somfy Protect’s defense of these claims. Somfy Protect will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED IN THIS SERVICES AGREEMENT OR IN THE PRODUCT WARRANTY, USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD).

b. SOMFY PROTECT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR SECURE, NOR THAT THE SERVICE WILL PREVENT FORCIBLE ENTRY, FIRE, BURGLARY, OR OTHER DAMAGE OR LOSS TO YOU, PEOPLE, OR PROPERTY, OR PROVIDE ADEQUATE WARNING OF THE SAME. SOMFY PROTECT DOES NOT WARRANT THAT THE HARDWARE OR SERVICES CANNOT BE BYPASSED OR OTHERWISE COMPROMISED.

c. YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICES AT YOUR OWN RISK, AND SOMFY PROTECT IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

d. NO ADVICE OR INFORMATION OBTAINED FROM SOMFY PROTECT OTHER THAN THE DOCUMENTATION PROVIDED WITH THE HARDWARE SHALL CREATE ANY WARRANTY NOT STATED IN THESE TERMS.

e. WHEN YOU INSTALL, SET UP, OR USE SERVICES LIKE THE SERVICES, YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN LEAD TO NON-RECOMMENDED OPERATION OF YOUR EQUIPMENT AND/OR THE SERVICES. SOMFY PROTECT HAS NO RESPONSIBILITY TO ENSURE YOU HAVE PROPERLY CONFIGURED THE SERVICES, THAT YOU HAVE FULFILLED ALL REQUIREMENTS FOR THE USE OF THE SERVICES AND THAT ALL NECESSARY EQUIPMENT IS FUNCTIONING AS REQUIRED FOR PROPER OPERATION OF THE SERVICES. YOU ASSUME ALL LIABILITY FOR ANY LOSS OR OTHER DAMAGE OR LIABILITY RELATING TO THE FUNCTIONING OF NECESSARY EQUIPMENT, YOUR FAILURE TO MEET THE REQUIREMENTS FOR PROPER USER OF THE SERVICES, AND YOUR CHOICE OF PARTICULAR SETTINGS AND SELECTION OR ADJUSTMENT DEFAULTS.

f. THESE LIMITATIONS OF LIABILITY EXTEND TO ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, EXCEPT AS PROVIDED IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, AND HAVING BEEN SO INFORMED, BY USING THE SERVICES YOU HEREBY WAIVE THE APPLICATION OF SECTION 1542 AND EVERY OTHER SIMILAR LAW IN EACH OTHER APPLICABLE JURISDICTION.

YOU ACKNOWLEDGE THAT THE PRODUCTS AND SERVICES PROVIDED FREE OF CHARGE OR IN CONSIDERATION OF PAYMENT ARE NOT INTENDED AS A SUBSTITUTE FOR AN INSURANCE CONTRACT. THE CUSTOMER DECLARES THAT HE HAS SUFFICIENT PERSONAL INSURANCE COVERAGE IN FORCE FOR RISKS OF FIRE, THEFT, WATER DAMAGE, ETC. LIKELY TO AFFECT HIS PROPERTY OR THE PERSONS PRESENT IN THE PREMISES PROTECTED BY THE PRODUCTS.
IN THE EVENT THAT SOMFY PROTECT IS FOUND CONTRACTUALLY LIABLE, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF €10,000 PER CLAIM FOR ALL MATERIAL AND/OR INTANGIBLE DAMAGE.
THE CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THIS LIMITATION WHICH, WITHOUT NECESSARILY COVERING ALL DAMAGES HE MAY SUFFER, CONSTITUTES COVERAGE SUITABLY ADAPTED TO THE RISKS PRESENT AND PROPORTIONATE TO THE MARKET-BASED CIRCUMSTANCES COVERED BY THIS CONTRACT.
SHOULD A CLAIM EXCEED THE CAP ON THIS INSURANCE, THE CUSTOMER THEREFORE EXPRESSLY STATES, IN RESPECT OF ANY EXCESS, THAT IT WAIVES ALL RECOURSE AGAINST SOMFY PROTECT AND ITS INSURER. THE CUSTOMER COVENANTS TO OBTAIN THE SAME WAIVERS FROM ITS OWN INSURERS.

15. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT SOMFY PROTECT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SOMFY PROTECT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SOMFY PROTECT LIABLE, FOR ANY LOSS RELATING TO:

THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND YOU ACKNOWLEDGE THE RISK OF USING THE SERVICES WITH THIRD PARTIES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU;
YOUR FAILURE TO MEET ALL APPLICABLE REQUIREMENTS FOR USE OF THE HARDWARE AND/OR SERVICES, AND TO USE THE HARDWARE AND SERVICES IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS;
ACCIDENTS OF ANY SORT AFFECTING THE HARDWARE OR THE TELEPHONE NETWORK, THE INTERNET, OR THE ELECTRICITY GRID, SUCH AS SHOCKS, OVERVOLTAGE, LIGHTNING, FLOODING OR FIRE AND IN GENERAL ANY EVENTS RESULTING FROM ABNORMAL USE OR AN ABNORMAL SITUATION;
FAILURE OF THE TELEPHONE NETWORK, THE INTERNET OR THE ELECTRICITY GRID FOR REASONS ATTRIBUTABLE TO THEIR OPERATORS OR TO THE CUSTOMER;
FAILURE OF THE ADSL NETWORK USED BY THE CUSTOMER, WHETHER THIS FAILURE IS ATTRIBUTABLE TO HIS SERVICES PROVIDER, TO FAILURE OF THE MODEM/ROUTER USED BY THE CUSTOMER OR TO ANY ONE OF THE ELEMENTS LOCATED BETWEEN THE CAMERA AND THE ADSL ROUTER (CABLE, SWITCH, ETC.);
VARIATIONS OF THE CURRENT IN ELECTRICAL OR TELEPHONE LINES RESULTING FROM AND/OR CAUSING ELECTRICAL, RADIOELECTRICAL OR ELECTROMAGNETIC INTERFERENCE OF ANY KIND;
INTERRUPTIONS OR LOSSES OF QUALITY IN THE SERVICES WHEN THEY ARE USED SIMULTANEOUSLY WITH AN INTERNET, AUDIOVISUAL OR TELEPHONE SERVICES BY THE CUSTOMER BECAUSE THE EFFECTIVE SPEED OF THE INTERNET ACCESS IS REDUCED AS A RESULT;
UNFORESEEABLE CIRCUMSTANCES AND ACTS OF GOD; OR
ANY VIOLATIONS BY CUSTOMER OF ANY TERMS OF THE SOMFY PROTECT AGREEMENTS.

IT IS UNDERSTOOD AND AGREED THAT SOMFY PROTECT AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, SUBCONTRACTORS, DISTRIBUTORS, RETAILERS, AGENTS AND INDEPENDENT CONTRACTORS ARE NOT INSURERS NOR IS THIS AGREEMENT INTENDED TO BE AN INSURANCE POLICY OR A SUBSTITUTE FOR AN INSURANCE POLICY. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY, ROBBERY, THEFT, PROPERTY DAMAGE, FIRE, SMOKE, BODILY INJURY OR ANY OTHER TYPE OF EMERGENCY OR DAMAGE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING YOUR INSURANCE NEEDS, AND PURCHASING ANY NECESSARY INSURANCE. YOU AGREE TO LOOK SOLELY AND EXCLUSIVELY TO YOUR INSURER TO RECOVER ALL LOSS, DAMAGE, OR EXPENSE DUE TO LOSS AND/OR DAMAGE TO YOUR PERSONAL PROPERTY OR REAL PROPERTY ALLEGEDLY CAUSED BY THE PRODUCT. YOU ALSO AGREE TO LOOK SOLELY AND EXCLUSIVELY TO YOUR INSURER IN RESPONSE TO ANY CLAIM FOR BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY, AND/OR INVASION OF PRIVACY ALLEGEDLY CAUSED BY THE PRODUCT, INCLUDING CLAIMS MADE BY OR AGAINST YOU. YOU HEREBY RELEASE SOMFY PROTECT FROM ANY AND ALL LOSS, DAMAGE, AND/OR EXPENSE WHICH MAY OCCUR AS A RESULT OF YOUR USE, MISUSE, OR ATTEMPTED USE, OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF THE PRODUCT TO PERFORM, THE FAILURE OF THE SERVICES TO PERFORM, YOUR ALLEGED FAILURE TO COMPLY WITH ANY RELEVANT RULE, STATUTE, CODE, LAW OR ORDINANCE, AND ANY ACT OR OMISSION OF SOMFY PROTECT.

16. EXCLUSIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Schedule 1

Requirements For Proper Use of the Somfy Protect Products and Services

1. Technical Requirements

You will be responsible for obtaining and ensuring proper functioning and compatibility of all equipment, network connections, internet or telephone serviceS, or other equipment or services necessary in order to access and use the hardware products, software, or services provided by Somfy Protect (“Requirements”). Requirements include, but are not limited to, the following:

Broadband Internet access.
Router (independent or integrated in a box) with an Ethernet or WiFi connection left permanently on.
Computer equipped with an up-to-date web browser, if web access to the Services is desired.
A GSM network of sufficient quality to benefit from GPRS communication services, if such services are desired.

You will be responsible for all charges associated with the Requirements, including without limitation all telephone, internet, and data charges, alarm system use or permit fees, or other expenses.

2. Installation

Customer shall take personal responsibility for the installing and configuring of the Services in accordance with the instructions provided in the Somfy Protect packaging and websites. The Customer bears sole responsibility for the installation, configuration, and use of the Services. Somfy Protect may in no case be held responsible if the Services prove to be incompatible or present malfunctions with third party software, configurations, operating systems, or equipment.

3. Compliance

By registering an account on the Services, Customer represents to Somfy Protect that Customer meets all prerequisites and requirements for the proper use of the Services.

Schedule 2

Terms of use and limitation on certain Paid Services

1. SMS AND VOICE ALERTS

You acknowledge and agree that to prevent potential misuse of the Product, your purchase of the Product provides You twenty (20) SMS alerts per month. If additional SMS alerts for the remaining calendar month are desired, contact Somfy Protect customer Services to discuss your usage. If Somfy Protect, in its full and complete discretion, determines that your use is not an abuse or misuse of the alerts, Somfy Protect may assign additional alerts available for the remaining calendar month. However, if Somfy Protect determines that your usage misused or abused the SMS alerts, your usage will be limited to twenty (20) SMS alerts for that calendar month.

Somfy Protect Paid Services may include notification services via SMS and Voice Alerts.

“Unlimited SMS” service means within the context of normal and reasonable use of an alarm system. For example, “normal and reasonable” does not include uses intended to monitor daily human activity or surveillance of traffic in an area, the critical nature of which does not require sending an SMS or voice alert. As part of the “unlimited SMS” service, if more than 100 alerts have been sent within a given month, the service will be downgraded to a mode in which only alerts generated by a door or motion sensor in fully armed mode will be sent by SMS or voice alert.

“Free SMS” services entitle the customer to sending of 20 SMSs per subscription month to users in the United States and Canada, and 5 SMSs per subscription month to users in other countries.