The Set & Go Connect mobile app has been developed and is the property of SOMFY ACTIVITES SA, a “société anonyme” (joint stock company) with a capital of 35.000.000 euros, having its head office at 50, avenue du Nouveau Monde, 74300 Cluses, registered at Annecy’s Register of Trade and Commerce under number 303.970.230.

For the territory of the United States of America, SOMFY Systems Inc, a company duly organized and existing under the laws of the state of New Jersey, USA, whose headquarters are located at 121 Herrod Blvd, Dayton NJ 08810, manages, publishes and maintains the Set & Go Connect mobile app.

Publishing Director: CEO, Somfy Systems, Inc”.

For any information with respect to the Set & Go Connect Mobile App, please contact us at : Somfy email contact marketing_us@somfy.com

Copyright © Somfy 2019

The Set & Go Connect mobile app and its documentation are protected by copyright and other intellectual property laws and by international treaties. Somfy Activites SA retains all ownership and/or intellectual property rights and software licenses related to the Set & Go Connect mobile app, its documentation and its content.

All   reproduction   and/or   distribution of the Set & Go Connect mobile app, its documentation, and/or the embedded software, in whole or in part, by any means, without the prior written approval of Somfy Activites SA or concerned third parties is strictly forbidden.

Set & Go, SOMFY and SOMFY (logo) are registered trademarks of Somfy Activites SA.

Bluetooth© word mark and logos are registered trademarks owned by Bluethooth SIG, Inc and any use of such marks is under license.

ZigbeeTM word mark and logos are registered trademarks owned by the Zigbee Alliance, Inc and any use of such marks is under license

All other brand, figurative or not, and more generally any other marks, logos, product names mentioned in the Set & Go Connect mobile app, whether registered or not, shall remain the property of SOMFY ACTIVITES or its affiliated companies worldwide, or are reproduced with the consent of their owners.

The use or reproduction of these trademarks, partially or in whole, without the prior written approval of Somfy Activites SA or concerned owners is strictly forbidden.

Any person not complying with these provisions may be liable to civil and criminal penalties provided by Law.

Opensource software and related licenses used in the Set & Go Connect mobile app are listed below:

TERMS AND CONDITIONS

These terms of use (“T&Cs”) define and set forth the terms and conditions of use of the Set & Go Mobile app (the “ App”).

The download, the connection and/or the use of the App are interpreted as the validation and acceptance of the T&Cs and imply their respect and compliance by you, the end user (“You”).

You undertake to read them carefully.

If You do not agree with the T&Cs, in part or in their entirety, do not download, connect or use the App.

We reserve the right, at our sole discretion, to modify or replace these T&Cs at any time. If a revision is material we will do our best efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.

To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.

The App may be downloaded from the Apple Store and the Google Play Store and is intended to be compatible with mobile phones and tablets whose information system is iOS 11 (or any newer version) or Android 6 (or any newer version) (the “Device”). Depending on the Device and its technical specifications, the App may be downloaded but its functioning may be of poor quality due to bluetooth issues.

I. DEFINITION AND SCOPE

The Set & Go Connect App has been developed to help professional manufacturers and/or installers to set and program the SOMFY motorizations of blinds. It also allows the installer to configure the end user Somfy Zigbee network. Therefore, this App shall be used as a technical support tool only.

The App is dedicated to professionals with the necessary expertise and knowledge for the setting up, programming and controlling of SOMFY motorization for blinds.

II. LICENSE

The App and its documentation are protected by copyright and other intellectual property laws and by international treaties. With the exception of the rights expressly granted below, any other rights are expressly reserved.

The texts, graphics, icons, photos, plans, logos, marks, videos, sounds, software, data bases and more generally any elements part of the App may not be represented, reproduce, communicated, distributed, broadcasted, adapted, translated, modified, transferred, licensed, commercialized, used or extracted partially or as a whole, on any media and/or means, without the express written and previous authorization from SOMFY or the concerned right owner.

SOMFY grants to You a non-transferable, non-sublicensable, non-exclusive, free and revocable license to install the App on your Device and use the App according to the terms and conditions set forth in these T&Cs. Except as expressly granted by these T&Cs or otherwise by SOMFY or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or any other elements accessed from or incorporated in the App.

More generally Your use of the App is strictly limited to the use as described in section I. Definition and Scope and You cannot make any commercial use of the App.

III. LIMITATIONS

You agree not to attempt to nor to:

- reproduce, duplicate, copy or re-sell the App or any part of the App save as may be permitted by these T&Cs;

- copy any part of the App or rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of App to any third party;

- disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of the App or component thereof;

- create a derivative work from the App;

- violate any applicable laws, rules or regulations in connection with Your access or use of the App;

- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SOMFY or its suppliers or licensors;

- use the App to violate third party rights;

- use the App for any purpose for which it is not designed or intended;

Any use of the App in contradiction with section II “License” and III “Limitations” shall constitute an infringement of SOMFY’s intellectual property rights. Therefore, You may have liability and you may have to pay damages in relation to such violation.

These obligations shall survive termination of these T&Cs.

IV. UPDATES

These T&Cs do not obligate SOMFY to provide any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by SOMFY.

 SOMFY may provide Updates and/or support. In such a case, You will be notified when a new Update is ready to be installed by You through download. SOMFY has no obligation to maintain former version of the App. Therefore, if You do not download the Updates provided by SOMFY, You may not be able to use certain functionalities of the App, or the App itself, without SOMFY’s liability being engaged.

You also authorize SOMFY to deliver automatically any Update if SOMFY believes it is necessary for the App to work.

Any Update will be governed by these T&Cs unless You are asked to agree to new or additional terms at the time of download or installation. You also agree that You may have to enter into a renewed version of these T&Cs if you want to download, install or use a new or modified version of the App.

SOMFY also reserves the right to modify the App, change and update anything described in it without prior notice.

V. THIRD PARTY CONTENTS, PERSONAL DATA

V.1 SOMFY will not itself collect any personal data (Yours or the personal data of the customers) through this App.

Nevertheless, the App functions through the use of the geolocation service provided by your Device as described in VI. Recommendations below, however this information is not shared with SOMFY. Those data may be collected and/or used by Apple, Android and/or your internet/phone service provider; therefore, it is Your responsibility to check in the terms and conditions that they provide to You what is done with those data. If you disagree with said use(s), please contact them directly.

V.2 You acknowledge and accept that the App may contain third party content, especially open source software. Those open source software may be subjected to different terms and conditions as described in the Credits section. In case the terms of the T&Cs and the terms of the open source software license are contradictory, the terms of the latter shall prevail.

Open source software is usually provided without any warranty. You recognize and accept that any open source software provided to You through the App shall be provided without warranty, implied or not.

VI. RECOMMENDATIONS

The App requires that You and the occupants of the home/buildings take certain precautions before using it.

SOMFY recommends that:

The surroundings of the home and any specific situation relating to each of Your customers are taken into account when configuring the motorization of the blinds;

Scenarii are configured so that they do not pose any risks to the customers;

The satisfactory operation of the connected blinds is tested periodically under close supervision by a main user.

You are responsible for ensuring that You configure and use the App and its results in accordance with the current specific laws and regulations.

You and Your customers shall also be aware of the following features:

Camera: the camera data is used to put the connected equipment into operation securely by reading a unique code on said equipment.

Bluetooth connection: Bluetooth activation is required to operate direct control of the customers’ blinds.

VII. WARRANTY AND DISCLAIMER

We work to provide you with accurate, complete and current information. However, we offer no guarantee on information contained in this App and the results given by the App. The information and results given by the App are for information and guidance purpose only and not the responsibility of Somfy on the basis of their accuracy.

SOMFY will do its best to provide an App that will satisfy You. However, access to and use of this App and its content are provided on an “as is” and “as available” basis. Therefore, Somfy shall not be responsible:

  • If You are unable to temporarily access the App, related to technical maintenance or updating of published information;
  • In case of virus or third-party attack, and its possible consequences (It is Your responsibility to protect yourself against any viruses or other items of a destructive or damaging nature);
  • In case of abnormal use or illicit exploitation of the App, You shall be responsible for damage to third parties and the consequences of actions or claims that may arise;
  • If the App is not compatible with software, applications, configurations of your Device;
  • More generally of any interruption or dysfunction of the App which are not attributed to Somfy’s fault.

You acknowledge and recognize that you are fully aware of these liability exclusions and take all the necessary precautions in order not to engage SOMFY’s liability in such cases.

SOMFY MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY, DURABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND QUALITY OF ITS APP, ANY RELATED SOFTWARE, OR OTHER PRODUCTS, SERVICES, INFORMATION OBTAINED THROUGH THE APP.

VIII. LIABILITY - INDEMNIFICATION

VII.1 TO THE EXTENT LEGALLY PERMITTED, IN NO EVENT SHALL SOMFY BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEVERTHELESS, IN NO EVENT SHALL SOMFY TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT of USD 10 (TEN US DOLLARS).

YOU ASSUME SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE APP, AND FOR CONCLUSIONS DRAWN FROM SUCH USE. SOMFY SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION OR INSTRUCTIONS YOU PROVIDED TO THE APP.

VII.2 You shall indemnify, defend and hold harmless SOMFY from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, legal fees) arising out of or in connection with the following: (i) Your breach of these T&Cs; (ii) Your violation of law; (iii) Your negligence, misconduct, or fraud; or (iv) Your violation of the rights of a third party. You will promptly notify SOMFY in writing of any third-party claim arising out of or in connection with Your access to or use of the App. These obligations survive termination of these T&Cs.

IX. INTERRUPTION - TERMINATION

Somfy may, at any time, limit your use, suspend access, discontinue the app or close it indefinitely at its sole discretion.

The license is effective for an indefinite period, until SOMFY terminates it, or until You stop using the App or You uninstall it.

Your rights under these T&Cs will terminate automatically without notice to You if you fail to comply with any of the provisions of these T&Cs. SOMFY reserves the right to suspend, discontinue, or otherwise modify the App’s availability to you, at any time without notice. Upon termination of the T&Cs to the App, You will cease all use of the App.

X. EXPORT CONTROL

You agree to comply with the export control laws and regulations of the United States and trade controls of other applicable countries, including without limitation the Export Administration Regulations of the U.S Department of Commerce, Bureau of Industry and Security and the embargo and trade sanction programs administered by the U.S. Department of Treasury, Office of Foreign Assets Control. You represent and warrant that You: (1) are not a prohibited party identified on any government export exclusion lists; (2) will not re-export or use the Services to transfer software, technology, or other technical data to prohibited parties or countries; and (3) will not use the App for military, nuclear, missile, chemical or biological weaponry end uses or conduct any other activities involving the App that violate the export and import laws of the U.S. or other applicable countries.

XI. FEEDBACK

You agree that any recommendation, idea, proposal, suggestion, feedback or other input You submit to SOMFY in relation with the App may be used by SOMFY without any notice, obligation, restriction or compensation to You and You waive (or agree not to enforce) any and all rights that may now or in the future exist in any feedback You made.

XII. MISCELLANEOUS

If any provision of these T&Cs is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. SOMFY and You agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.

The failure by SOMFY to enforce any right or provision of these T&Cs will not prevent SOMFY from enforcing such right or provision in the future.

SOMFY may assign its rights and obligations under these T&Cs, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

XIII. APPLICABLE LAW AND COMPETENT JURISDICTION

These T&Cs are deemed entered in the United States of America and will be governed by and interpreted in accordance with the Laws of the State of New Jersey, USA, excluding (i) that body of law known as conflicts of law and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that any dispute arising under these T&Cs will be resolved by competent courts of the New Jersey State, USA, and the parties hereby expressly and irrevocably consent to the exclusive jurisdiction of such courts.