GENERAL CONDITIONS OF USE OF THE UP2PRO HOME AUTOMATION APPLICATION

Preamble

Publisher of the UP2PRO Home Automation Application
The company URMET FRANCE
SA with share capital of € 600,000
Entered in the Trade and Companies Register of Pontoise under number 329.767.594
Whose registered office is located at 94, rue de la Belle Etoile, 95700 Roissy-en-France
Intracommunity VAT number: FR 85 329 767 594

Hereinafter referred to as “URMET”,

Contact details for the URMET assistance service:
Monday to Friday, 8:30 a.m. to 12 p.m. and 2 p.m. to 5:30 p.m.
By phone: the technical hotline on 04 94 13 06 28
By email: commercial@yokis.fr (response within 72 working hours)

Hereinafter referred to as “Assistance Service”

Host of the UP2PRO Home Automation Application
The company OVH
SAS with share capital of € 10,069,020
Entered in the Trade and Companies Register of Lille Métropole under number 424 761 419
APE code 2620Z
Whose registered office is located at 2, rue Kellermann, 59100 Roubaix
Intracommunity VAT number: FR 22 424 761 419

Article 1 - Application of these general conditions of use

These general conditions govern the relationship between URMET and the Installer in the context of the use of the UP2PRO Home Automation Application and the associated Services.

Use of the UP2PRO Home Automation Application entails the full application of these general conditions which shall prevail over any conditions issued by the Installer and over any other document not expressly accepted by URMET.

The Installer is required to read and accept these general conditions in order to access and use the UP2PRO Home Automation Application. URMET reserves the right to modify these general conditions at any time and to inform the Installer accordingly.

Article 2 – Definitions

The following terms shall have the following meanings if they begin with a capital letter, whether they are used in the singular or the plural:

“UP2PRO Home Automation Application” means the application allowing the Installer to install, configure and set up the Customer’s Home Automation Equipment and to benefit from the Services.

“Yokis Home Automation Application” means the application allowing the Customer to control the Home Automation Equipment remotely and automatically.

“Customer” means the natural or legal person who acquires the Home Automation Equipment from the Installer.

“Home Automation Equipment” means all the home automation equipment of the “Yokis” brand or of third-party brands, provided that it is compatible with the UP2PRO Home Automation Application, the Yokis Home Automation Application and the Services, installed in the Customer’s residence via the UP2PRO Home Automation Application or managed by the Customer via the Yokis Home Automation Application.

“Installer Area” means the Installer’s personal interface on the UP2PRO Home Automation Application from which the Installer accesses all of the Services.

“Installer” means the professional, having a company name and a registration number in the commercial register, which supplied the Customer with the Home Automation Equipment and installed it in the Customer's residence, and which was tasked by the Customer to configure and set it up.

“Project” means the project for the installation, configuration and setup of the Home Automation Equipment for a given Customer at a given location. 

“Home Automation Scenario” means the design of the controls and/or actions defined and programmed for the Home Automation Equipment for a Project.

“Services” means the services provided by URMET to the Installer via the UP2PRO Home Automation Application, described in URMET’s commercial documentation provided with the Home Automation Equipment or available on the URMET website accessible at the following address: https://www.yokis.fr/.

Article 3 – Access to the UP2PRO Home Automation Application

3.1 Technical access conditions

The Installer can access the UP2PRO Home Automation Application and the Services:

• By downloading the UP2PRO Home Automation Application on a tablet equipped with the ANDROID operating system and a Bluetooth connection, to the exclusion of any other operating system such as IOS. Then by connecting a Yokis “SMARTKEY” to the tablet via Bluetooth.

3.2 Creation of an Installer Area

To access the UP2PRO Home Automation Application, the Installer must create an Installer Area which will have associated login credentials, including the Installer’s email address and a password chosen by the Installer.

The Installer can only create one Installer Area.

The Installer undertakes to provide full, accurate information when creating its Installer Area and to keep such information updated throughout the duration of use of the UP2PRO Home Automation Application.

An email will be sent to the Installer when its Installer Area has been created, in order to confirm its credentials and to activate its Installer Area. Once the Installer Area has been activated, the Installer will be able to access the Services offered via the UP2PRO Home Automation Application.

The Installer's login credentials are strictly personal and confidential. The Installer is solely responsible for their safekeeping and use and must not disclose them to third parties.

The Installer can change its password by accessing its Installer Area on the UP2PRO Home Automation Application or by sending an email to cloud@yokis.fr.

URMET is authorised to modify the Installer's login credentials for technical or security reasons or in the event of an order from an authority. In this case, URMET will inform the Installer by email sent to the address provided by the Installer and by regular mail to the postal address also provided by the Installer.

In the event of the theft and/or fraudulent use of its login credentials, the Installer must notify the URMET Assistance Service, whose contact details appear in the preamble to these general conditions, as soon as possible. With the Installer’s consent, the Assistance Service may suspend access to the Installer's Installer Area and the associated Services.

The Installer must provide URMET with proof of the theft and/or fraudulent use of its login credentials by sending a registered letter with acknowledgment of receipt together with a copy of an identity document. URMET will then provide the Installer with new login credentials.

3.3 The Installer must have a valid email address for the entire duration of use of the UP2PRO Home Automation Application and the associated Services. In the event of a change of email address, the Installer must modify the email address in the “My account” area.

The Installer is hereby informed that essential information concerning access to and use of the UP2PRO Home Automation Application and the Services, such as confirmation of login credentials, modification of personal account information and information on any changes to these general conditions, will be sent by email.

Article 4 – Description and use of the Services

4.1 The UP2PRO Home Automation Application allows the Installer to access and benefit from the Services. These include in particular:

• the management and monitoring of Projects for all its Customers.

For each Project, the Installer must indicate the Project name, the Customer’s name, the name of the project manager if the Project concerns a housing complex and the address of the residence which is to receive the Home Automation Equipment. It can also draw and insert plans and photographs of the place where the Home Automation Equipment is installed.

Based on the data provided by the Installer for the creation of the Project (such as the number and age of residents, etc.), URMET will be able to suggest Home Automation Scenarios from its library that would be suitable for the Installer.

The Installer can also create Home Automation Scenarios itself. The Installer must then ensure that these Home Automation Scenarios do not endanger the safety of individuals, property and pets. It is the Installer’s responsibility to verify the conformity of its installation and its use of the Home Automation Equipment and Services with the standards and regulations in force.

• the installation, configuration and setup of Customers' Home Automation Equipment.

After accepting the operations to install, configure and set up the Home Automation Equipment, the Installer closes the Project. Project data and especially configuration data are recorded directly in the box installed in the residence by the Installer and connected to the Home Automation Equipment. All data relating to the Project are made available to the Customer at the end of the Project, and can then be modified without the Installer’s intervention.

At any time during the Project and before its closure, the Installer may transfer the data collected for each Project to the URMET cloud for backup and archiving purposes, up to a limit of 20 megabytes (MB) per Project. Using the data transferred to the URMET cloud, the Installer will be able to generate an end of Project report in PDF format.

If this is not done, the data will only be recorded locally on the Installer's tablet. The Installer will be solely responsible in the event of a loss or alteration of all or part of the data and no claim may be made against URMET in this regard.

Once the Project is closed, the Installer loses all access to the data and setups of the Home Automation Equipment in the Project. However, the Customer may wish to grant the Installer a restricted and temporary right of access to these data after the closure of the Project to enable the Installer to carry out operations for the upkeep, maintenance and repair of the Home Automation Equipment.

4.2 The Installer undertakes to use the UP2PRO Home Automation Application and the Services in accordance with these general conditions and in compliance with applicable regulations.

The Installer undertakes not to make abnormal or abusive use of the Services, the UP2PRO Home Automation Application and any information or element appearing therein, which would be likely to disrupt its operation or execution. The Installer shall take the necessary measures and precautions to avoid any use of the Services and the UP2PRO Home Automation Application that is illicit, dangerous or contrary to normal use, whether by itself or by any other person under its control and direction.

The Installer undertakes to use Home Automation Equipment that meets the compatibility criteria defined by URMET.

The Installer undertakes not to download or transfer content containing or likely to contain viruses or programs that could disrupt the operation of the UP2PRO Home Automation Application and the Services or create any damage to URMET, the Home Automation Equipment, the UP2PRO Home Automation Application, the Services or the Customers. The Installer undertakes not to download or transfer content which is contrary to the laws and regulations in force, particularly content which would infringe the intellectual property rights of third parties.

The Installer undertakes not to commit any act that could jeopardise the security and the proper functioning of the UP2PRO Home Automation Application and the Services. The Installer undertakes to take all necessary measures to prevent the introduction of any virus or program that is likely to disrupt the operation or security of the UP2PRO Home Automation Application and/or the Services.

The Installer is solely responsible for the content it downloads or transfers to the UP2PRO Home Automation Application. No claim may be made against URMET and URMET may not be held liable in the event of a malfunction of the UP2PRO Home Automation Application and the Services resulting from any use that is abnormal, abusive or contrary to these general conditions or to applicable laws and regulations.

Article 5 – Compatibility of the Home Automation Equipment

The Installer may install the Home Automation Equipment of URMET’s partners, provided that they work with a communication protocol that is compatible with the UP2PRO Home Automation Application and the Services.

URMET shall provide the Installer with an evolving list of partners whose Home Automation Equipment is compatible with the UP2PRO Home Automation Application and the Services, on its website at the following address: www.yokis.fr/compatibilite/. The Installer undertakes to check the compatibility of the Home Automation Equipment with the UP2PRO Home Automation Application and the Services and to consult this list on a regular basis.

URMET may not be held liable in the event of a malfunction of the UP2PRO Home Automation Application and the Services linked to the use of connected devices that are incompatible and/or do not comply with current standards.

Article 6 - Maintenance/interruption of the Services

URMET implements the necessary means to ensure the continuity of the UP2PRO Home Automation Application and the Services. In this context, URMET implements the necessary means to ensure the corrective and evolutionary maintenance of the UP2PRO Home Automation Application and the Services.

For maintenance and security reasons in particular, URMET reserves the right to suspend, temporarily and without giving notice, all or part of the access to the UP2PRO Home Automation Application and the Services, and the Installer may not claim any compensation in this regard.

In the event of an unusual interruption of the UP2PRO Home Automation Application and/or the Services, the Installer can direct any questions and/or complaints to the URMET Assistance Service.

Article 7 – Intellectual property

7.1 URMET and its successors in title retain all intellectual property rights over all or part of the UP2PRO Home Automation Application, the “Yokis” brand Home Automation Equipment and the Services.

The Installer undertakes to respect the intellectual property rights (including names, brands, logos, software) of URMET and its successors in title, and acknowledges that it has no rights over them. It is prohibited from representing, reproducing, modifying, adapting, diverting and seeking any protection of any element of these intellectual property rights, including in territories in which URMET and its successors in title have no protection.

7.2 URMET is the exclusive owner of all copyright over the Home Automation Scenarios that it creates. Any reproduction, representation, adaptation, misappropriation or modification of said Home Automation Scenarios outside of the use of the UP2PRO Home Automation Application and the Services is strictly prohibited.

7.3 The Installer irrevocably assigns to URMET, in return for the use of the UP2PRO Home Automation Application and the Services, all copyright relating to all or part of the Home Automation Scenarios that it has created in connection with the use of the Services and the UP2PRO Home Automation Application and transferred to the URMET Cloud and in particular: the right of reproduction (including the right to reproduce or have reproduced, to make or have made, to exploit or have exploited), the right of representation (including the right to represent or have represented, to broadcast or have broadcast, to market, disclose or make available), the right of adaptation (including the right to adapt or have adapted, to retouch or to modify).These rights are transferred with a view to their general or commercial exploitation by URMET, in particular to enrich the library of Home Automation Scenarios offered by URMET to Installers on the UP2PRO Home Automation Application and to its Customers using the Yokis Home Automation Application. This transfer is granted on a non-exclusive basis for the entire world and for the entire legal term of copyright protection in France and abroad, as well as any extensions.

7.4 The Installer declares that it has all the rights, in particular the intellectual property rights and/or necessary authorisations for the materials downloaded to the UP2PRO Home Automation Application and/or transferred to the URMET cloud (such as plans, photos, images, texts and Home Automation Scenarios) and indemnifies URMET against any possible claims, applications or actions by third parties, particularly for any breach of their intellectual property rights over any of these materials (texts, names, images, logos, content, photos, videos, files, databases, software, models, graphics, etc.).

7.5 In the event of a breach of this clause by the Installer, URMET reserves the right to terminate or suspend all or part of the Installer's access to the UP2PRO Home Automation Application and the Services, without prejudice to its rights to seek compensation for any damage suffered.

Article 8 – Duration/suspension/termination

8.1 These general conditions are applicable for the duration of use of the UP2PRO Home Automation Application and the Services by the Installer, as long as the Installer Area is activated.

8.2 In the event of a breach of these general conditions by the Installer, URMET reserves the right to temporarily suspend the Installer’s access to the UP2PRO Home Automation Application and the Services to give the Installer time to explain its actions. URMET will inform the Installer of the suspension of its access to the UP2PRO Home Automation Application and the Services by email.

8.3 The Installer can terminate its access to the UP2PRO Home Automation Application and the Services at any time. The Installer must send its termination request to URMET by registered letter with acknowledgment of receipt to the address appearing in the preamble to these general conditions. The Installer will receive an email confirming that its termination request has been taken into account. Termination will take effect at the end of a period of thirty (30) working days from URMET’s receipt of the Installer's request to terminate its access. 

8.4 URMET may terminate access to the UP2PRO Home Automation Application and the provision of the Services subject to informing the Installer at least three (3) months before the effective interruption of the UP2PRO Home Automation Application.

URMET may terminate all or part of the Installer's access to the UP2PRO Home Automation Application and the Services without notice in the following cases, in addition to the other cases expressly referred to in these general conditions:

• identity theft by the Installer;
• communication of false or incomplete information by the Installer when creating its Installer Area;
• abnormal or abusive use of the UP2PRO Home Automation Application and the Services;
• breach of URMET's intellectual property rights as referred to in Article 7 of these general conditions;
• the Installer’s abusive refusal to transfer to a Customer the setup and configuration of their Home Automation Equipment.

Article 9 – Responsibilities

Under an obligation of means, URMET undertakes to provide all the care and diligence necessary to ensure access to the UP2PRO Home Automation Application and to carry out the Services in accordance with best practices and the rules of the trade.

URMET's liability is expressly excluded in the event of:

• The Installer’s non-compliance with its obligations under these general conditions;
• Use of devices that are unsuitable or that do not comply with these general conditions;
• Use of connected devices that are incompatible with the UP2PRO Home Automation Application and the Services and/or do not comply with current standards;
• Failure of the Internet, telephone or electrical network of the Installer, the Customer or any other operator;
• A server failure not attributable to URMET;
• Possible misappropriation of the Installer's credentials, these being the full responsibility of the Installer;
• Fortuitous events or cases of force majeure as defined in Article 10 of these general conditions.

URMET may not under any circumstances be held responsible for any indirect, material or immaterial damage suffered by the Installer (such as loss of profit, commercial loss or reputational damage), nor for any direct damage not originating from URMET’s failure to fulfil its legal and contractual obligations.

Article 10 – Force majeure

No party may be held responsible for the total or partial non-performance of its obligations, if such non-performance is due to a fortuitous event or the occurrence of an event constituting force majeure within the meaning of French law and jurisprudence. By express agreement, the following events are considered as constituting force majeure:

• prohibition or restriction of the provision of telecommunications services by public authorities, in particular any interruption of service expressly requested by an administrative authority or competent court;
• energy outages, failures and/or interruptions of transmission networks, including access to the internet;
• breakdowns and/or sabotage of telecommunication media, computer hacking;
• fire, lightning, storms, floods and other climate disasters, water damage, exceptional weather, damage, epidemics, riots, wars, insurrections, attacks, explosions, acts of vandalism;
• total or partial strikes.

The party faced with such events must inform the other party as soon as possible following their occurrence.

Article 11 – Personal data

11.1 URMET is responsible for the processing of the personal data of the Installer’s managers, employees, associates or agents that come into contact with it in connection with the use of the UP2PRO Home Automation Application and associated Services (hereinafter the “Data subjects”). Data Subjects have the right to access, object to, rectify, limit, withdraw and delete their data, the right to define directives relating to the fate of their personal data after their death, the right not to be the subject of an automated individual decision and the right to the portability of their data, and may lodge a complaint before the French Data Protection Authority (CNIL).

URMET's privacy policy is available on its website: https://www.urmet.fr/page+conf/politique+confidentialite . The Installer undertakes to inform the Data Subjects thereof.

11.2 The Installer is responsible for the personal data that it collects directly from Customers in connection with the installation, configuration and setup of the Home Automation Equipment. The Installer undertakes to comply with Law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties (hereinafter the “LIL”) and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the general data protection regulation (hereinafter the “GDPR”).

The Installer undertakes to inform Customers that their personal data are sent to URMET.

Article 12 – Miscellaneous provisions

12.1 If one of the provisions of these general conditions is deemed void or unenforceable, the other provisions of these general conditions will remain enforceable in their entirety.

12.2 The fact that one of the parties has not required the application of any of the clauses of these general conditions does not entail a waiver by that party of the subsequent exercise of its rights.

12.3 The headings used in these general conditions are for convenience only and do not constitute a substantial part thereof. They cannot, therefore, be used for an interpretation that is contrary to the terms of the articles they designate.

Article 13 – Applicable law/dispute resolution

These general conditions are subject to French law.

In the event of a dispute arising from these general conditions and concerning their validity, interpretation, execution, termination, consequences and repercussions, before submitting such a dispute to the competent court, URMET and the Installer undertake to try to find an amicable solution, in the form of mediation organised by the Paris Mediation and Arbitration Centre (CMAP) unless URMET and the Installer agree to choose a different mediator. The mediation attempt must be carried out in good faith and, in this spirit, URMET and the Installer agree to meet at least once in the presence of the mediator.

In the absence of an amicable agreement between URMET and the Installer, any disputes will be submitted to the competent court for the jurisdiction of Pontoise including, in the event of summary proceedings and upon request, with more than one defendant, incidental claim or warranty proceedings.