TERMS OF USE FOR YNEOM’S MOBILE APPLICATIONS AND CONTROL.YNEOM-IOT.COM WEBSITE

PURPOSE

The purpose of these Terms of Use is to provide a legal framework for the terms under which the services of the mobile applications and the site, control.yneom-iot.com, are provided and how they are used by you, the User.

The Terms of Use must be agreed by any User wishing to use the mobile applications or access the site. These terms constitute the agreement between Ynéom and You. By using the mobile applications or the site, You accept these Terms of Use.

If You do not accept the Terms of Use stipulated in this agreement, You will be required to waive your right to access the services provided by the application or the site.

Ynéom reserves the right to unilaterally modify the content of these Terms of Use at any time.

LEGAL NOTICES

Ynéom is the publisher of the Ynéom mobile application and the yneom-iot.com website.

The Publishing Manager is Mr Yann Cottreau.

Ynéom is based at the business incubator, Boréal Innovation,
registered at the Trade and Companies Register of Marseille under the Siret number 802 915 124 00084
VAT registration number: FR62 802 915 124
Ynéom – 2772 Chemin de Signes à Ollioules – 83330 Le Beausset – France
Email: contact@yneom.com

Opening hours: Monday to Friday from 9 am to 6 pm

DEFINITIONS

This clause aims to define the different terms essential to this agreement:
User (or You): this term means any person who uses the mobile application, the site or one of the services offered through the site.
User content: this is the data uploaded by You, within the application or the site.
Member: You become a member when You sign in to the mobile application or on the site.
User name or password: this is all the data needed to identify a User. The user name and password enable You, the User to access the services reserved for members of the mobile application and the site. Your password is confidential.

ACCESSING THE SERVICES

The site gives you free access to the following services:
Viewing data and status for Ynéom smart devices.
Controlling and adjusting of Ynéom smart devices.
The mobile applications and the site are freely accessible in any location and to any User who can access internet. All the costs which You pay to access the services (computer hardware, software, internet connection, etc.) are at your expense.
As appropriate,
User who is not member may not access services reserved for members. If You wish to use such services, You must identify yourself, using a username and password.
The mobile application and the site implement all the resources available to ensure that You experience quality experience when using the services. Since it is subject to a best endeavour obligation, the site has no commitment to achieve this result.
Ynéom accepts no liability for any force majeure event, which results in the network or the server malfunctioning.
Access to the site's services may at any time be interrupted, suspended or modified without notice, for maintenance or for other reasons. You agree not to claim any compensation as a result of this agreement being interrupted, suspended or amended.
You may contact the site by email at contact.yneom.com.

INTELLECTUAL PROPERTY

Trademarks, logos, signs and any other content are protected by the French Intellectual Property Code and more particularly by copyright.
The User must seek prior approval from Ynéom if they wish to reproduce, publish or copy any part of the content.
The User undertake to use the content of the application and the site purely for personal ends. Under no circumstances may the content be used for commercial purposes.
You accept full liability for any content you upload. You undertake not to upload content which may harm third-party interests. Any legal proceedings brought by an injured third party against Ynéom shall be at Your expense.
Your content may be deleted or modified at any time and for any reason by the application or the site. You will not be given any explanation or notice prior to your content being deleted or modified.

PERSONAL DATA

The information requested when you register for the mobile application or the site is necessary and mandatory in order to set up a User account. In particular, Ynéom may use the email address for administrating, managing and providing the service.
Ynéom would like to assure You that it collects and processes your personal data while respecting your privacy in accordance with the French Personal Data Protection Act No. 78-17 of 6 January 1978.

By virtue of Articles 48 et seq. of the French Personal Data Protection Act n° 78-17 of 6 January 1978, revised by the ordinance n° 2018-1125 of 12 December 2018 applicable on 1 June 2019, You have the right to access, rectify, delete and oppose the processing of your personal data. You can exercise this right by sending an email to the following address contact@yneom.com.

LIABILITY AND FORCE MAJEURE

The information sources disseminated on the mobile application and the website are considered to be trustworthy. Nevertheless, the site reserves the right not to guarantee the trustworthiness of such sources. The data presented on the site is purely for information only. Consequently, You accept sole liability for using the information and content of the application and the website.
You guarantee not to disclose your password. Any disclosure of your password, regardless of its format, is prohibited.
You accept responsibility for the risks of using your user name and password. Ynéom declines all liability in that respect.
You must pay compensation to Ynéom for any services You use which have the direct or indirect result of causing damage.

Ynéom does not provide an optimal guarantee for the security and confidentiality of the data sent. Nevertheless, the site undertakes to implement any necessary resources in order to guarantee data security and confidentiality.

Ynéom may not be held liable in the event of force majeure or unpredictable and insurmountable actions of a third party.

HYPERLINKS

There are outgoing hyperlinks on the site, however Ynéom cannot accept any liability for the internet pages to which these links direct You, since it has no control over such links.

You undertake to refrain from holding Ynéom liable for the content of these outgoing hyperlinks.

CHANGES TO THIS AGREEMENT

Ynéom reserves the right to make amendments to the clauses within this agreement.

TERM

This agreement has an indefinite term. The agreement comes into effect with respect to You, the User as soon as You use the service.

APPLICABLE LAW AND COMPETENT JURISDICTION

French law applies to this contract. If it is not possible to settle a dispute which has arisen between the parties amicably, only the courts in the city of Marseille have competence.

USER COMMENTS

The website allows members to upload their comments.
If, as a member You upload comments online, You undertake to comply with the rules of Netiquette and the legal rules in effect.
The website moderates comments and reserves the right to refuse to publish them online, without having to give any explanations for its actions to You.
You retain ownership of all your intellectual property rights. However, by uploading content or comments on the site, You transfer the free, non-exclusive right to the publishing company to reproduce, adapt, modify, broadcast and distribute your content,

directly or by an authorised third party, worldwide, on any (digital or physical) medium, for the term of the intellectual property. As a member, You notably transfer the right to use the content on the internet and on the mobile telephone networks.

The publishing company undertakes to display your name next to any content used.