GENERAL CONDITIONS OF USE OF THE YNO UP HOME AUTOMATION APPLICATION

Preamble

Publisher of the YNO UP 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 YNO UP 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 User in the context of the use of the YNO UP Home Automation Application and the associated Home Automation Services.

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

The User is required to read and accept these general conditions in order to access and use the YNO UP Home Automation Application. URMET reserves the right to modify these general conditions at any time and to inform the User 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:

“YNO UP Home Automation Application” means the application allowing the User to operate and control the Home Automation Equipment remotely or automatically.

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

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

“Private Area” means the User's personal interface on the YNO UP Home Automation Application which enables the User to access all the Home Automation Services and information relating to the configuration of his/her Home Automation Equipment.

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

“Home Automation Scenario” means the design of the controls and/or actions defined and programmed for the Home Automation Equipment to be executed simultaneously or subsequently at the User's request via the YNO UP Home Automation Application.  

“Home Automation Services” means the services provided by URMET to the User via the YNO UP Home Automation Application, allowing him/her to manage, remotely or automatically, the Home Automation Equipment, described in the URMET commercial documentation provided with the Home Automation Equipment or available on the URMET website at the following address: https://www.yokis.fr.

“User” means any natural person of legal age, with legal capacity, using the YNO UP Home Automation Application and wishing to benefit from the Home Automation Services for personal purposes, excluding any use for professional purposes.

Article 3 – Access to the YNO UP Home Automation Application

The User can only access the YNO UP Home Automation Application subject to cumulatively respecting the following technical prerequisites: 

3.1 The User's residence must be equipped with Home Automation Equipment

Home Automation Equipment must be installed in compliance with applicable regulations and best practices. Given the technical nature of the Home Automation Equipment, URMET recommends that the User makes use of an Installer.

The Home Automation Equipment must meet the compatibility criteria defined by URMET. URMET shall provide the User with an evolving list of partners whose Home Automation Equipment is compatible with the YNO UP Home Automation Application and the Home Automation Services, on its website at the following address: www.yokis.fr/compatibilite/.

The installation, configuration and setup of the Home Automation Equipment are to be carried out under the User’s exclusive responsibility. URMET may not under any circumstances be held liable for a failure in the installation and/or set up of the Home Automation Equipment.

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

3.2 The User must have equipment allowing him/her to access the Internet (such as an Internet box or modem) that is compatible with the Home Automation Equipment and must have an Internet subscription.

URMET does not provide the User with equipment allowing access to the Internet and does not offer an Internet subscription. These must be obtained from third parties (such as Internet access providers).

Access to the YNO UP Home Automation Application and the associated Home Automation Services requires the Home Automation Equipment to be permanently connected to the Internet.

The installation and setup of telecommunications equipment allowing access to the Internet are to be carried out under the User’s exclusive responsibility.

URMET warns the User of the potential risk of Internet access cuts which could affect all or part of the access and operation of the YNO UP Home Automation Application. URMET may not be held responsible for any malfunction or inability to access the YNO UP Home Automation Application associated with a failure of the User's Internet connection, possible malfunctions or the unavailability of the Internet access service. The User must take all necessary preventive measures.

3.3 The User’s computer equipment (operating system, Internet browser, software, etc.) must be compatible with the YNO UP Home Automation Application

The YNO UP Home Automation Application can also be downloaded onto a mobile device (smartphone or tablet) equipped with ANDROID or IOS operating system, to the exclusion of any other operating system.

Article 4 – Access to the YNO UP Home Automation Application and the Home Automation Services

4.1 Apart from the cost of communication and use of the Internet, access to the YNO UP Home Automation Application is free of charge.

4.2 To access the YNO UP Home Automation Application, the User must create a Private Area which will have associated login credentials, including the User’s email address and a password chosen by the User.

The User can only create one Private Area. However, from his/her Private Area, the User can manage the Home Automation Equipment installed in several different residences.

The User undertakes to provide full, accurate information when creating his/her Private Area and throughout the duration of use of the YNO UP Home Automation Application.

An email will be sent to the User when his/her Private Area has been created, in order to confirm his/her credentials and to activate his/her Private Area. Once the User's Private Area has been activated, he/she will be able to access all the Home Automation Services offered via the YNO UP Home Automation Application.

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

The User can change his/her password by accessing his/her Private Area on the YNO UP Home Automation Application or by sending an email.

URMET is authorised to modify the User'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 User by email sent to the address provided by the User and by regular mail to the postal address also provided by the User.

In the event of the theft and/or fraudulent use of his/her login credentials, the User must inform the URMET Assistance Service, whose contact details appear in the preamble to these general conditions, as soon as possible. With the User's agreement, Assistance Service may suspend access to the User's Private Area and the associated Home Automation Services. The User must provide URMET with proof of the theft and/or fraudulent use of his/her login credentials by sending a registered letter with acknowledgment of receipt together with a copy of an identity document. URMET will provide the User with new login credentials within a short period of time.

4.4 The User must have a valid email address for the entire duration of use of the YNO UP Home Automation Application and the associated Home Automation Services. In the event of a change of email address, the User must modify the email address provided in his/her Private Area.

The User agrees to receive by email essential information concerning access to and use of the YNO UP Home Automation Application and the Home Automation Services, such as confirmation of login credentials, modification of information in his/her Private Area, information on any changes to these general conditions.

Article 5 – Description of the YNO UP Home Automation Application and the Home Automation Services

5.1 The YNO UP Home Automation Application allows the User to access and benefit from the Home Automation Services.

The Home Automation Services include:

• the visual display by the User of all the Home Automation Equipment installed in his/her residence;
• access to the settings of the Home Automation Equipment carried out by the User or Installer;
• modification of the settings of the Home Automation Equipment;

• the possibility for the User to create and store his/her own Home Automation Scenarios in his/her Private Area;
• the possibility to insert and store content (particularly images, photos and texts) in order to personalise his/her Private Area within the YNO UP Home Automation Application.
• the possibility for the User to grant access rights to third parties;

The User undertakes not to download or transfer content containing or likely to contain viruses or programs that could disrupt the operation of the YNO UP Home Automation Application and the Home Automation Services or create any damage to the YNO UP Home Automation Application, URMET or other users of the YNO UP Home Automation Application.

5.2 The User undertakes to use the YNO UP Home Automation Application and the Home Automation Services in accordance with these general conditions and in compliance with applicable regulations.

The User undertakes not to make abnormal or abusive use of the Home Automation Services, the YNO UP Home Automation Application and any information or element appearing therein, which would be likely to disrupt its operation or execution. The User shall take the necessary measures and precautions to avoid any use of the Home Automation Services and the YNO UP Home Automation Application that is illicit, dangerous or contrary to normal use, whether by him/herself or by any other person, particularly minors residing in the home where the Home Automation Equipment is installed.

The User 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 User undertakes not to commit any act that could jeopardise the security and the proper functioning of the YNO UP Home Automation Application and the Home Automation Services. The User 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 YNO UP Home Automation Application and/or the Home Automation Services.

The User is solely responsible for the content he/she downloads or transfers to the YNO UP 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 YNO UP Home Automation Application and the Home Automation Services resulting from any use that is abnormal, abusive or contrary to these general conditions or to applicable laws and regulations.

Article 6 – Compatibility of the Home Automation Equipment

The YNO UP Home Automation Application, the Home Automation Services and the “Yokis” brand Home Automation Equipment may interact with third-party products, services and software.

The User acknowledges that the use of any third-party product, service or software is subject to his/her acceptance of the general conditions of sale and/or contractual documents of the third party concerned.

The User is solely responsible for any costs and obligations that may be incurred under the general conditions of sale and/or contractual documents of the third party concerned. URMET makes no commitment or guarantee regarding any third-party product, service or software. URMET is in no way responsible for the use of any third-party product, service or software, even if these are used with the YNO UP Home Automation Application, the Home Automation Services and/or the Home Automation Equipment.

URMET may not be held liable in the event of a malfunction of the Yokis 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 7 – Management of access to the YNO UP Home Automation Application and the Home Automation Services/Transfer of Home Automation Equipment/Change of User

7.1 Access and use of the YNO UP Home Automation Application and the Home Automation Services are strictly personal and reserved for User having a registered Private Area. The User is not authorised to transfer all or part of his/her access rights, even for a limited period.

7.2 The User has primary access to the YNO UP Home Automation Application.

The User may grant access rights to third parties, such as family members, the Installer or even lessees of the residence where the Home Automation Equipment is installed. The User can grant these access rights using the “Sharing a set of keys” functionality on the YNO UP Home Automation Application.

The User will provide URMET with all necessary information to enable it to grant this right of access, particularly the third party’s name and surname, email address and telephone number. The User acknowledges that the information requested by URMET for the creation of this right of access is mandatory and that no right of access can be issued without this information.

The characteristics of the access right granted by the User will depend on the profile of the third party.

In all cases, the right of access granted to the third party will enable it to access all of the Home Automation Services offered by the YNO UP Home Automation Application, with the exception of the following Home Automation Services which are strictly reserved for the User:

• access to the User's Private Area,
• the right to grant a right of access to a third party and to “share a set of keys”,
• deletion of Home Automation Scenarios

The User acknowledges that the right of access is granted to the third party under his/her sole responsibility. No claim may be made against URMET due to the third party's use of the YNO UP Home Automation Application and the Home Automation Services.

7.3 The User may choose to make the right of access granted to a family member permanent or temporary. If it is temporary, it is up to the User to inform URMET of the date on which the right of access granted to the family member must be removed.

7.4 The right of access granted to the Installer allows the Installer to regain access to all the data integrated during the installation, configuration and setup of the Home Automation Equipment. This right of access is temporary. It is up to the User to inform URMET of the date on which the right of access granted to the Installer must be removed.

7.5 If the User sublets and/or otherwise makes available the residence equipped with the Home Automation Equipment, the right of access granted to a third party is restricted and temporary.

Throughout the duration of the access right granted to the third party, the User will be able to access his/her Private Area on the YNO UP Home Automation Application. However, he/she will not be able to manage the Home Automation Equipment in his/her residence, nor change its settings.

It is up to the User to inform URMET of the date on which the right of access granted to this third party must be removed.

7.6 If the User sells the Home Automation Equipment and/or the residence containing the Home Automation Equipment, the User must inform URMET by post and/or email to the URMET Assistance Service. The User's Private Area will be terminated on the date specified by the User in this letter/email. The consequences of the termination are those provided for in Article 10.5 of these general conditions.

The new owner of the Home Automation Equipment must create his/her own account on the YNO UP Home Automation Application to be able to access the Home Automation Services linked to his/her Home Automation Equipment, in accordance with Article 4 of these general conditions.

The User may authorise URMET to provide the new owner with the settings of the Home Automation Equipment used by the User, particularly the various Home Automation Scenarios used. No compensation, notably financial, may be claimed by URMET for this provision.

7.7 If the User moves and keeps his/her Home Automation Equipment, he/she will be solely responsible for uninstalling the Home Automation Equipment and reinstalling and configuring it in his/her new residence. In this case, the User will keep the same Private Area in the YNO UP Home Automation Application.

Article 8 – Maintenance/interruption of the Home Automation Services

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

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

Article 9 – Responsibilities

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

The User undertakes to respect the intellectual property rights (including names, brands, logos, the YNO UP Home Automation Application) of URMET and its successors in title, and acknowledges that he/she has no rights over them. He/she 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.

9.2 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 YNO UP Home Automation Application and the Home Automation Services is strictly prohibited. The User is, however, expressly authorised to reproduce and modify the URMET Home Automation Scenarios as long as these Home Automation Scenarios are used within the framework of the YNO UP Home Automation Application and the execution of the associated Home Automation Services.

The User irrevocably assigns to URMET, in return for the use of the YNO UP Home Automation Application and the Home Automation Services, all copyright relating to all or part of the Home Automation Scenarios that he/she has created in connection with the use of the Home Automation Services and the YNO UP Home Automation Application, 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 Application and to its Users using the YNO UP 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.

9.3 The materials, and in particular the images and photos downloaded by the User in the YNO UP Home Automation Application, remain his/her exclusive property. He/she declares that he/she has all the rights, in particular intellectual property rights and/or necessary authorisations over these materials 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.).

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

Article 10 – Duration/suspension/termination

10.1 These general conditions are applicable for the duration of the use of the YNO UP Home Automation Application and the Home Automation Services by the User, as long as the Private Area is activated.

10.2 In the event of a breach of these general conditions by the User, URMET reserves the right to temporarily suspend the User’s access to the YNO UP Home Automation Application and the Home Automation Services to give the User time to explain its actions. URMET will inform the User of the suspension of his/her access to the YNO UP Home Automation Application and the Home Automation Services by email.

10.3 The User can terminate his/her access to the YNO UP Home Automation Application and the associated Home Automation Services at any time by. The User must send his/her termination request to URMET by registered letter with acknowledgment of receipt to the address appearing in the preamble to these general conditions. The User will receive an email confirming that his/her termination request has been taken into account. Termination will take effect at the end of a period of fifteen (15) working days from URMET’s receipt of the User's request to terminate his/her access. 

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

• identity theft by the User or lack of the right to use the YNO UP Home Automation Application;
• communication of false or incomplete information by the User when creating his/her Private Area;
• abnormal or abusive use of the YNO UP Home Automation Application and the associated Home Automation Services;
• breach of URMET's intellectual property rights as referred to in Article 8 of these general conditions;

URMET may permanently interrupt access to the YNO UP Home Automation Application and the provision of the Home Automation Services subject to informing the User 1 month before the effective interruption of the YNO UP Home Automation Application.

10.5 Termination of access to the YNO UP Home Automation Application, at the initiative of the User or URMET, does not give rise to any right to reimbursement for the Home Automation Equipment.

URMET undertakes to keep a copy of the User's data and in particular the Home Automation Scenarios used and/or created by the User for a period of 1 month from the date of termination of the User's access to the YNO UP Home Automation Application and the Home Automation Services. At the end of this period, URMET will delete all the User's data.

Article 11 – Responsibilities

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

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

• the User’s non-compliance with his/her obligations under these general conditions;
• malfunction of the Home Automation Equipment, its incorrect installation, configuration and/or setup;
• faulty or non-compliant configuration and/or setup of the IT, technical and telecommunications equipment referred to in Article 3.2 of 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 YNO UP Home Automation Application and the Home Automation Services and/or do not comply with current standards;
• failure of the Internet, telephone or electrical network of the User or any operator. The User represents and warrants that he/she is fully aware of the characteristics and constraints of the Internet, in particular that the transmission of data and information over the Internet is only relatively reliable from a technical point of view;
• server failure not attributable to URMET;
• possible misappropriation of the User's credentials, these being the full responsibility of the User;
• fortuitous events or cases of force majeure as defined in Article 11 of these general conditions.

URMET may not under any circumstances be held responsible for any damage suffered by the User that does not originate from URMET’s failure to fulfil its legal and contractual obligations.

11.2 URMET warns the User that the technologies used in connection with the Home Automation Services require particular vigilance. In particular, the User is advised to take special precautions, such as:

• carrying out regular tests of the Home Automation Equipment;
• ensuring that the various Home Automation Scenarios do not present any particular risk for the specific characteristics of each resident (with particular regard to their age, mobility, physical condition, etc.).

In the event of a malfunction of the Home Automation Equipment, the User must contact the supplier of said Home Automation Equipment and refer to any general conditions of sale and warranty provided at the time of purchase.

Article 12 – 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, viruses, 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 13 – Personal data

URMET is responsible for processing the User’s personal data and those of third parties to whom the User has granted access rights.

The User has the right to access, object to, rectify, limit, withdraw and delete his/her data, the right to define directives relating to the fate of his/her personal data after his/her death, the right not to be the subject of an automated individual decision and the right to the portability of his/her data, and may lodge a complaint before the French Data Protection Authority (CNIL).

For more information, URMET invites the User to consult its confidentiality policy available on its website at the following address:

https://www.urmet.fr/page+conf/politique+confidentialite

Article 14 – Miscellaneous provisions

14.1 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.

14.2 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.

14.3 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 15 – Applicable law/dispute resolution

15.1 These general conditions are subject to French law.

15.2 In the event of a dispute or complaint, the User is invited to contact the URMET Assistance Service, the contact details of which are provided in the preamble to these general conditions.

Failing an amicable resolution of the dispute, the parties may have recourse to a mediation procedure by referring the matter to the competent mediator, a list of whom is shown on the European Commission website at the following address: https://webgate.ec.europa .eu/odr/main/?event=main.home.show or submit their dispute to the competent French courts.