1.  Mobile Apps End User License Agreement

1.1  Scope of application

1)      This End User License Agreement (“EULA”) constitutes a binding contract between you and Candy Hoover Group S.r.l., Via Comolli n. 16, 20861 Brugherio (MB) – ITALY, email address support@candy-hoover.com ("CHG") and applies to the use of CHG’s mobile applications listed below which may be used in connection with our smart domestic appliances (the "App"):

·         hOn

·         Rosières E-Picurien

·         Hoover Wizard

·         Candy simply-Fi

 

Usage of the App provided by CHG is solely permitted on the basis of the terms and conditions defined below.

 

2)      During the installation process of the App you will be asked to read and accept this EULA. By accepting this EULA, you represent and warrant that you are 18 years of age or older and agree that you have read, understand and accept all the terms and conditions in this EULA. You may not modify this EULA by making any typed, handwritten, or any other changes to it for any purpose.

In the event that you do not accept any part of this EULA you must refrain from clicking the acceptance button and from installing, accessing, or otherwise using any part of the App.

 

1.2  Object of license agreement

1)      This EULA solely relates to your use of the App. No other services are owed to you under this EULA.

 

2)      CHG grants you a limited single-use, non-exclusive, revocable and non- transferable right to download, install and use the App on a device that you own, access, or control on which the App is executable in accordance with the system and hardware requirements set out in the App which you can inspect prior to accepting this EULA, subject to your strict compliance with all applicable laws, this EULA and any applicable terms and conditions available through the relevant App Store (for example, the then-current Apple App Store Terms of Use or the Google Play Terms of Service). All rights not expressly granted to you by this EULA are hereby reserved by CHG. CHG is the sole and exclusive owner of the rights to the App. Any form of sub- licensing, rental, lease, assignment, sale and/or distribution of the App or usage rights to the App is expressly prohibited. You declare and guarantee that you will not use the App in such a way as to carry out unlawful acts or fraudulent activities or to be able to cause, interruptions, damages or malfunctions to the App, doing everything in your power to keep the App functionality intact, and in any case to use the App in accordance with the uses allowed under clause 1.6 below.

1.3  (Remote) Updates

1)      The App is provided free-of-charge and as a dynamic, developing product. CHG may extend, update or modify the App, in particular add, modify or remove individual functions (collectively the “App Updates”), at any time and at its own reasonable discretion. When any App Update is available, it shall be installed with your prior consent, to guarantee the correct and secure functionality of the App as well as its interactions with the embedded software. You acknowledge that the App Updates may require the App to be reinstalled or be temporarily discontinued. In any case, to ensure the correct and stable functionality of the App, you need to install the latest version of the App. CHG is not obliged to maintain support for older versions and does not warrant the compatibility of older versions/updates with newer hardware operating systems, versions of the App. However, you are not entitled to claim for any update of the App which extends its functions.

 

2)      In addition to CHG's right to extend, update or modify the App, CHG may provide updates for the software embedded in the CHG smart domestic appliances in the communication module used in the CHG smart domestic appliances (collectively "Embedded Software Updates") at any time and at its own reasonable discretion to ensure the full functionality and functional reliability of the App and the smart domestic appliances. You acknowledge that the Embedded Software Updates may require your smart domestic appliance to be reset, restarted, or be temporarily discontinued. However, you are not entitled to claim for any update of the embedded software which extend the functions of your smart domestic appliances, the communication module used in your smart domestic appliances or the CHG’s IoT Platform.

For user safety reasons and prevent potential damages and malfunctioning, Embedded Software Updates will be automatically installed on your smart domestic appliance, when they are required to ensure the correct and safe functioning of your smart domestic appliance and its secure connection to the App. To avoid Embedded Software Updates to be installed, you can at any time disconnect the smart domestic appliance from the App, without impacting on the device’s core functionalities that are not operated through the App.

 

3)      This EULA and all the provisions contained therein shall also apply to the App Updates and the Embedded Software Updates.

1.4  Processing of personal data and cookies

1)      CHG collects and processes personal and non-personal data through your use of the App. For more information about the processing of your personal data, please see our privacy policy at http://go.he.services/privacy/V1/en_GB/Privacy.html

2)      CHG uses cookies on this App in accordance with applicable law, as specified in the "Cookie Policy" section of this App.

1.5  Availability

1)      You acknowledge that the App is intended solely for your personal, non-commercial use. You shall not make any changes to the App. In particular, but without limitation, you are prohibited to modify, translate, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code or create derivative works, unless you are explicitly entitled to do so under applying mandatory law. You acknowledge that any attempt to do so constitutes a serious breach of CHG’s intellectual property rights and you may be subject to prosecution and damages.

2)      By accepting this EULA, you acknowledge that the App and any App Updates, as well as the related intellectual or industrial property right (including copyrights, trademarks and logos identifying the App, patents and trade secrets) are and shall remain the exclusive property of CHG and you are obliged to their preservation.

3)      All content, information, documents, and materials available on or through the App (including, but not limited to, corporate names, trademarks, domain names, trade names, logos, graphics, drawings, design, text, software) are protected by intellectual and industrial property rights of CHG or other Haier Group’s companies or third parties that have granted CHG the license to use them.

You are prohibited to download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the App’s content for commercial purposes.

4)      Unless expressly stated otherwise in this EULA, nothing in this EULA shall grant you any title or right to the App and/or its content.

5)      You agree to undertake all necessary steps to prevent possible damage or injury to the above mentioned intellectual and industrial property rights, to stop said damage or injury, and to prosecute third parties if a third party has wrongfully accessed or come into the possession of the App from you.

1.6  End-User content 

1)      You may be allowed to upload content on the App, including, but not limited to, images, videos, comments, ratings, reviews (collectively “End-User Content”). You represent and warrant that you are the sole author and owner of all intellectual property rights to the End-User Content or are otherwise legally permitted to upload it on the App. CHG shall timely respond to any detailed claim of copyright or other intellectual property right infringement committed using the App that shall be sent to the email address support@candy-hoover.com. Upon notice of an alleged infringement, CHG shall use reasonable efforts to investigate the notice and take all appropriate actions within the limits and subject to the obligations provided by applicable laws.

 

2)      You grant CHG a worldwide, royalty-free, perpetual, transferable and irrevocable license to your End-User Content for its usage in connection with the operation of the App, with the right to sub-license them to our third parties suppliers that provide CHG with services connected to the App. This includes the right to use, modify, copy, adapt, translate, publish, and/or distribute your End-User Content in relation to activities connected to the operation of the App.

3)      You acknowledge that you are solely responsible for your End-User Content and any consequence thereof and that you will not submit End-User Content that:

                                 i.            violates this EULA and/or any applicable law and regulations;

                               ii.            infringes any third parties’ intellectual and industrial property rights and/or third parties’ confidential information and/or third parties’ personal data;

                             iii.            is inappropriate, false, misleading, offensive, defamatory, indecent, violent, obscene, profane, hateful, racially-motivated or threatening;

                             iv.            may cause damages or distress to any person or entity;

                               v.            is inconsistent with the use of the App and/or your smart domestic appliance.

CHG is entitled to remove any End-User Content at any time and for any reason whatsoever at its sole discretion and to permanently or temporarily revoke your license to use the App.

4)      You acknowledge that the End-User Content (with the exception of your personal data) is not confidential and may be used and shared by CHG with other end-users and third parties that may access and use it.

 

1.7  Third Party Software

1)      The App may contain links that provide access to certain third party’s websites, software or services. CHG does not guarantee the operation of such links, nor their functionality; CHG does not guarantee that third party’s websites, software or services will be accessible, nor does it guarantee their content and has no express or implied obligation to provide any technical or other support related to their software, service and/ or products.

2)      Your smart home domestic appliance may support one or more third-party voice assistance services, such as Google Assistant (“Google Assistant”, provided by Google, Inc. or its affiliates) and/or Amazon Alexa (“Alexa”, provided by Amazon.com, Inc. or its affiliates) and/or Yandex Alice (“Alice”, provided by Yandex Europe AG or its affiliates), hereinafter collectively referred to as the “Voice Services”. 

 

You can use different voice commands that CHG has provided to the respective service providers to instruct your smart home appliance to carry out specific actions through the Voice Services. The capture and/or receipt of the voice commands by the Voice Services may be enabled directly through your smart home appliance or through other devices (for example, third-party Google Assistant, Alexa or Alice enabled devices or otherwise). When using voice commands, you undertake to ensure that your smart home appliance is ready to be used and that using the Voice Services does not cause damages or distress to any third party.

CHG is not responsible for the operation of the Voice Services and for the voice commands being understood correctly. The Service Provider's respective terms and conditions shall apply.

 

For the avoidance of doubt, CHG is not responsible for providing access to Amazon Alexa or Google Assistant or Alice and ensuring that they are accessible. The respective service providers bear sole responsibility in this regard and their respective terms and conditions shall apply.

1.8  Liability and guarantee

1)      You expressly acknowledge and agree that the App is provided to you on an "as is" and “as available” basis. Unless explicitly stated otherwise in this EULA and save for what expressly provided by the applicable laws, including consumer protection laws, and in particular save for the cases of gross negligence and willful misconduct, CHG makes no representations, warranties or endorsements of any kind whatsoever, express or implied, as to the App, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of merchantability, of suitability for a particular purpose, of accuracy, and non-infringement of third party rights and any warranty that the App shall be error free or that defects in App will be corrected. In any case CHG cannot warrant that the App is accessible without interruptions or temporary impairment in their functionality.

2)      CHG disclaims all liability and warranty for versions of the App which are not intended for use by end users (test, pilot, alpha, beta versions or similar). You agree that you are aware of and accept the risks involved in using such programs, in particular, that malfunctions or data loss may occur. The use of such programs is at the sole risk of you and any claims relating to warranty and liability shall be excluded.

3)      CHG's liability to you is limited to the scope of this EULA and the terms and conditions of compatible products specified under clause 1.1 above only. Unless in case of willful misconduct or gross negligence or other cases expressly provided for by mandatory law, including consumer protection law, CHG (or any of the other companies belonging to the Haier Group) shall be liable only for direct and foreseeable damages, thus excluding, as a mere example, any indirect, contingent, consequential or incidental damages, however caused or arising (whether actual or anticipated), for any loss of revenue, corruption or loss of data, loss of profit, loss of production, of savings, of investment, of contract, of opportunity, failure to receive or transmit any data or information, arising out of or related to your use or inability to use the App or any Third Party Software, whether arising out of breach of EULA, other contract, warranty, tort (including ordinary negligence), indemnity or strict liability and whether or not the parties have been advised in advance of the possibility, existence or nature of such damages.

4)      You are not entitled to claim for damages caused by software defects, insofar as you fail to apply online App Updates and/or Embedded Software Updates provided by CHG and the damage could have been avoided if the App Update and/or Embedded Software Updates had been applied. This also applies to security vulnerabilities, which arise provided that the App Update and/or Embedded Software Updates was not installed by you or the App Update and/or Embedded Software Updates was aborted during installation.

5)      You are aware that no claims for damages can be made against CHG resulting from your negligent, unauthorized or illegal security mechanisms, especially within your own LAN (Local Area Network) or mobile device, or as a consequence of you using the App contrary to the terms of this EULA, or as a consequence of you using the compatible smart domestic appliance contrary to the terms of the relevant end-user manual. You must also make sure that the App cannot be misused by third parties and must secure access to the App as well as to " compatible products accordingly.

6)       If you lose your device on which the App is accessible (e.g. through loss, theft, etc.) then you are responsible for immediately revoking any access permissions with appropriate mechanisms in order to ensure that unauthorized access to the App is prevented.

7)      If you know or have reason to believe of any potential damage to CHG in connections with your use of the App you are obligated to inform CHG of any such damage or loss scenarios.

8)       For the sake of clarity, if you are a consumer, the limitations to CHG liability and the limitations to your rights set forth above are not intended to exclude, limit or suspend any legal rights and warranties granted by the applicable mandatory consumer protection laws.

1.9  Indemnification by End-User

You agree that you shall be responsible for and shall defend, indemnify, and hold harmless CHG and all Haier Group’s companies, as well as their employees, affiliates, suppliers, agents and contractors for any liability, damages, losses or expenses (including without limitation, reasonable attorney’s fees and costs) incurred in connection with any claims, suits, judgments and causes of action arising out of:

                       I.            your breach of any provision of this EULA;

                     II.            actual or alleged infringement of third parties’ intellectual and industrial property rights and/or personal data and/or confidential information arising out of your use of the App or from any End-User Content uploaded by you on the App;

                   III.            misuse of the App; and

                   IV.            account access or activity by third parties due to your failure to protect log-in credentials.

1.10  Consideration of the characteristics of mobile services

For the avoidance of doubt, it shall be clarified that any transmission of the content over telecommunication networks (e.g. wireless, wired, etc.) lies exclusively within the competence and responsibility of the mobile operator used by you. Any charges for the use of necessary telecommunications services relating to this are your responsibility.

1.11  Withdrawal and Termination of License Agreement

1)      Both CHG and you may withdraw from this EULA at any time and for any reason, being it understood that CHG may only terminate this EULA upon a two (2) weeks' prior notice.

 

2)      In the event of violation of the terms set forth under clauses 1.2 (2), 1.5 or 1.6 (1) and (3) of this EULA, CHG shall have the right to terminate this license agreement without a notice period, without prejudice to any other rights and remedies available to CHG according to applicable law.

 

3)      Termination of this EULA shall lead to withdrawal of your authorization to use the App, and you must immediately stop such use, disconnect the compatible smart domestic appliance, delete your registration account and uninstall the App.

 

4)      All representations, warranties, indemnifications, and limitations of liability contained in this EULA shall survive the termination of this EULA; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.

1.12  Governing Law and Jurisdiction

1)      Unless otherwise provided for by mandatory provisions of the law of the Country where you have your habitual residence, this EULA is governed and interpreted according to Italian law.

In any case the choice of Italian law shall not have the result of depriving you of the protection afforded to you by specific provisions that cannot be derogated from by agreement by virtue of the law of the Country where you have your habitual residence.

 

2)      Any dispute arising from or in connection with this EULA shall be exclusively decided by the Court of Milano (Italy), unless otherwise provided for by mandatory provisions of the law of your Country where you have your habitual residence. In particular, if you are a consumer, the dispute shall be decided by the competent court of your place of residence or domicile.

3)      If you are consumer, in accordance with Article 14 of Regulation 524/2013/EC, you are informed hereby that the European Commission has created an Online Dispute Resolution Platform (http://ec.europa.eu/consumers/odr/) where the customer can log his complaint. As part of this process, you will be requested to provide an email address for CHG, kindly note that the applicable email address to be provided is support@candy-hoover.com.  CHG agrees to the use of the following ADR bodies for handling unresolved disputes resulting from this Contract.

Chamber of Commerce of Milan 

Via Meravigli 9/B - 20123 Milano

Tel.: +39 02 8515 4522

Fax: +39 02 8515 4384

E-mail: risolvionline@mi.camcom.it

Website: http://www.camera-arbitrale.it/

or

Chamber of Commerce of Rome

Piazza di Pietra, 91 - 00186 Roma

Tel.+39 06 678 7758

Fax +39 06 699 22473

E-mail: camarb.roma@mclink.it

Website: http://www.cameraarbitralediroma.it/ 

1.13  Final provisions

1)      You are not permitted to transfer or assign your rights and duties arising from this EULA to a third party. CHG is entitled to assign this EULA to other companies belonging to the Haier Group at its sole discretion, without notice to you.

 

2)      Any changes to this EULA must be agreed between the parties. In case CHG wishes to make changes to this EULA CHG shall notify you of the changes and you may object to the changes within a reasonable period of time as specified by CHG ("Objection Period") within the notification. If you do not object to the changes within the Objection Period it will be deemed that you accept the changes. In case you object to the changes CHG may terminate the EULA with a two weeks' notice. CHG will also inform you about the Objection Period and the legal effect of objecting or non-objecting separately within the notification.

 

3)      This EULA and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this EULA, and they replace any and all prior written or verbal agreements.

 

4)      In the event of invalidity or ineffectiveness of individual provisions of this EULA, the effectiveness of other provisions remains unaffected. Invalid or ineffective provisions shall be replaced by effective terms that best approximate the economic purpose of the ineffective or invalid terms.

 

Pursuant to article 1341 and 1342 of the Italian civil code, you declare to have read and understood and expressly accept the following clauses of this EULA: 1.2 (Object of the License Agreement), 1.3 (Remote) Updates, 1.5 (Availability), 1.6 (End-User Content), 1.7 (Third Party Software), 1.8 (Liability and Guarantee), 1.9 (Indemnification by the End-User), 1.11 (Withdrawal and Termination of the License Agreement), 1.12 (Governing Law and Jurisdiction).