Legal Mentions

Under Article 6 of French Law No. 2004-575 of 21 June 2004 to give confidence in the digital economy, the identity of the various stakeholders as part of its implementation and monitoring is clear to users of the Site https://www.netatmo.com
Owner: NETATMO, company simplified actions capital of 4.616.841 euros, whose head office is located 245 rue du vieux Pont de Sèvres, 92100 Boulogne Billancourt - FRANCE, registered with the Nanterre Trade and Companies Register under number 532 501 848, VAT number within the Community : FR 43 532 501 848. Contact Number: +33 1 70 83 27 72
Publication director: Emmanuelle Levine
Host: Microsoft Azure’s cloud, Netherlands.https://azure.microsoft.com/fr-fr/overview/sales-number/

TERMS OF USE

SCOPE AND ACCEPTANCE OF THE TERMS OF USE

• These Terms of Use and the applicable Privacy Policy are available at https://www.netatmo.com (the 'Privacy Policy'), which is hereby fully incorporated and constitutes with the Terms of Use, one and single document, govern your access and use of the Services. Please READ THEM CAREFULLY.
• By your affirmative actions of registering on the Site, of accessing and/or using all or part of the Services, you acknowledge that you have read, understood, and agree to be bound by the provisions of these Terms of Use and Privacy Policy. If you do not agree with all or part of these Terms of Use or Privacy Policy, do not register, access, browse or use all or part of the Services.
• We may change these Terms of Use in case of new Services made available, regulation evolution, following legal authority request, or amendment to improve understanding. You can access on the Site the most recent version of these Terms of Use. Any user of our products will be informed of its evolutions to be able to use our Services in full understanding and will have the possibility to accept them or refuse them.
• If you do not agree anymore to these Terms of Use, you have the possibility to discontinue the use of our Services and cancel your registration.

USE OF THE SERVICES

• The Services are for use by users who are at least 18 years old. Users under the age of 18 are not permitted to use the Services without the consent of a parent or legal guardian. However, access to the Services is not confined solely to adults as it contains no content prohibited for persons under the age of 18. The Services does not intentionally collect or use personal information relating to persons under the age of 18. By registering, accessing or using the Services, you acknowledge that the information provided, including your age or the consent of a parent or legal guardian, is accurate and complete.
• The Services contain all types of information and material, including but not limited to software, text, graphics, communications, measures, tests, results, opinions, photographs, drawings, profiles, messages, notes, websites links, music, video files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, and any other content, either owned by or licensed to NETATMO by any third party, including other users of the Services, to the exclusion of your User Generated Content as defined hereinafter (collectively referred to as the 'Content').
• The Services and Content are protected by French intellectual property laws and any other laws or regulations that may apply. You acknowledge and agree that NETATMO (or its licensors) own all legal rights, title and interest in and to the Services and Content, including any intellectual property rights which cover the Services and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by NETATMO and that you shall not disclose such information without NETATMO's prior written consent.
• NETATMO concedes in you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Content provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Product(s) you registered on the Site and, as long as you have the right to be registered, to access or to use the Services, in the manner permitted by these Terms of Use. You shall not, nor shall you permit anyone else to, copy, reproduce, modify, translate, broadcast, perform, display, distribute, transmit, frame, republish, download, display, perform, post, transmit, sell, use commercially, create a derivative work, reverse engineer, decompile or otherwise attempt to extract any code from the Services and Content unless NETATMO has expressly agreed to it in writing. You agree not to use any data mining, robots, scraping or similar data gathering methods.
• No other use is permitted without NETATMO's prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
• The trademarks, logos, domain names and other identifying elements of NETATMO (the 'NETATMO Trademarks') used and displayed on those Services are owned by or legally held by NETATMO. Other products and service names available through the Services may be owned by third-parties (the 'Third-Party Trademarks', and, collectively with NETATMO Trademarks, the 'Trademarks'). Apart from the licenses and rights hereby expressly granted as part of these Terms of Use, nothing in the Services, Content or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Services, without the prior written consent of NETATMO. The Trademarks may not be used to disparage or harm in any manner NETATMO or the applicable third-party, NETATMO's or third-party's products or services, or in any manner. Use of any Trademarks as part of a link to or from any web site is prohibited without NETATMO's prior written consent. All goodwill generated from the use of any NETATMO Trademarks shall inure to NETATMO's benefit.
• You agree not to: (a) take any action that imposes an unreasonable load on the Services' infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services, (d) delete or alter any material posted on the Site by NETATMO or any other person or entity, and/or (e) frame or link to any of the materials or information available on the Services.
• Certain elements of the Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.4 of these Terms of Use. None of the Content for the Services may be retransmitted without the express written consent from NETATMO for each and every instance.
• If you believe in good faith that materials on the Services provided by NETATMO infringe your copyright or author's rights, you (or your agent), may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices with respect to the Services should be sent to NETATMO at:
  By Mail: Copyrights Agent, NETATMO, 245 Rue du Vieux Pont de Sèvres, 92100 Boulogne-Billancourt, FRANCE
  By Email: copyright@netatmo.com

USER GENERATED CONTENT

• By publishing, displaying, uploading, disclosing, transmitting, storing, sharing, 'posting' or otherwise making available your UGC on or through the Services, you hereby grant to NETATMO a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to copy, reproduce, modify, translate, broadcast, perform, display distribute, transmit, frame, republish, download, display, perform, post, sell, make a commercial use and commercially exploit, create derivative works, reverse engineer, decompile, extract any code on any of your UGC, in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You hereby waive any moral rights and similar rights with respect to the UGC and any other legal rights that might preclude NETATMO's use of the UGC or require your permission for NETATMO to use the UGC, except public order provisions. You expressly waive any action or claim, against NETATMO or its sublicensees' use of the UGC, and you hereby release NETATMO and its sublicensees from any action or claim from Third Party.
• You acknowledge that your UGC : (i) are not infringing any third party's rights, including copyright, patent, trademark, privacy right, trade secret, or other proprietary rights; (ii) is not obscene or containing child pornography; (iii) is not containing any viruses, worms, time bombs or other computer programming code that is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or information; (iv) is accurate, truthful, complete, not misleading and does not violate applicable laws and regulations. You are responsible for complying with all laws applicable to your UGC.
• You declare to be aware that the content of the UGC is public and not confidential.
• In case of non-compliance with these conditions, We reserve the right to suspend your right to use the Services and / or the Site, temporarily or permanently, in addition to the possibility to ask for compensation for any loss or damage that could be suffered.

ADVERTISING, LINKING AND FRAMING

UNSOLICITED IDEAS AND FEEDBACK

• NETATMO appreciates your interest in the products and the company and understands that you may have comments and suggestions. However, NETATMO does not want you to, and you should not, send any confidential or proprietary information to NETATMO through its Services, or through any other means. Please note that you have no confidentiality agreement with NETATMO and any unsolicited information or material sent to NETATMO will not be regarded by NETATMO as confidential or proprietary information. You may wish to consult with an attorney before making any unsolicited submission to NETATMO so that you can understand what will be the consequences of making an unsolicited public submission to NETATMO. If, however, you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaign, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, the 'Feedback'), please be aware that regardless of what your letter and/or any other accompanying documentation may say, you are agreeing that the following terms shall apply to your Feedback: (1) NETATMO, and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you; (2) there is no obligation for NETATMO to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.
• Upon submitting Feedback you (1) warrant that you are the original developer and/or creator of the Feedback and are legally free to make such a disclosure and you shall be solely liable for any damages arising from your submission of any information that is protected through copyright, trade secret law, patent law or other proprietary rights and (2) understand our feedback policy as set forth in this Section and accept this policy without reservation.

SUBMISSIONS POLICY

• The Services may provide you with an opportunity to post publicly comments, articles and other submissions (collectively, the 'Submissions'). By posting and/or otherwise providing Submissions to the Services, you fully understand and agree to grant us with the rights described in Section 5 above. You also permit any other users to access, display, view, store and reproduce such Submissions for personal use. You acknowledge that to the extent that you include personally identifiable information in your Submissions, we may republish such information. NETATMO furthermore reserves the right to alter and edit any Submission or refuse to accept, post, display or transmit any Submission in its sole discretion.
• Although NETATMO has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (iii) disclose any Submissions. The Submissions posted on the Site by users do not indicate any approval or endorsement by NETATMO of such Submissions. NETATMO is not responsible for, and hereby disclaims any and all liabilities that may arise from the Submissions.
• You agree that you are responsible for your own use of the Services, for any Submission you make, and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. To provide a forum where ideas can be shared in a productive and safe environment, you agree NOT to:
  • Post any private information, or otherwise harvest, collect or disclose information, about another person without his or her express written consent;
  • Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
  • Post any content to the Site that infringes any third party's intellectual property or other rights;
  • Use the Services for any unlawful purpose, or transmit or otherwise make available in connection with the Services any material that would give rise to criminal or civil liability;
  • Use the Services for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;
  • Impersonate any person or entity, including any NETATMO employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Imply that NETATMO endorses any of your statements or positions;
  • Take any action that imposes an unreasonable load on the server;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services;
  • Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Services; and/or
  • Delete or alter any material posted by any other person or entity.

DISCLAIMER OF CONTENT AND WARRANTIES

• The warranty for the product is set forth in the limited warranty available on https://www.netatmo.com.
• NETATMO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE 'NETATMO PARTIES') MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ABOUT THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THEIR OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE NETATMO PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, WILL BE UNINTERRUPTED OR AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, OR THAT THE SERVICES, ITS SERVER, OR THE CONTENT, ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT CAUSES THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO NETATMO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES AND CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. THE NETATMO PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
• The Content on the Services is presented in a summary fashion and is intended to be used for informational purposes only. The data, measurements as well as any other kind of content provided through the Services are supplied without any warranty of accuracy and should not be used as a source to make any decisions.

LIMITATION OF LIABILITY

• IN NO EVENT SHALL ANY NETATMO PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE, OR RESULTING FROM USE OF THE SERVICES AND THEIR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ANY NETATMO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NETATMO PARTIES SHALL NOT BE SUBJECTED TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THEIR CONTENT AT YOUR OWN RISKS. THE AGGREGATE LIABILITY OF THE NETATMO PARTY, TAKEN INDIVIDUALLY OR COLLECTIVELY, ARISING OUT OR RELATING TO THE SITE AND SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100.
• In some countries, the applicable law does not allow certain of the above limitations or exclusions, in which case they may not apply to you. IN SUCH COUNTRIES, THE LIABILITY OF THE NETATMO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION OF NETATMO

TERMINATION OF THE SERVICES

• These Terms of Use will continue to apply until terminated by either you or NETATMO as set out below.
• If you want to terminate your legal agreement with NETATMO, you may do so by (a) notifying NETATMO at any time at the following address NETATMO, 245 Rue du Vieux Pont de Sèvres, 92100 Boulogne-Billancourt or by email: privacy@netatmo.com and (b) closing your accounts for the Services which you use.
• NETATMO may, at any time, terminate its legal agreement with you if:
  • You have breached any provisions of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use); or
  • NETATMO is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • The relationship between NETATMO and the Partner with whom NETATMO offered the Services to you has been terminated or the Partner has decided not to offer the Services anymore; or
  • NETATMO is transitioning to no longer providing the Services to users in the country in which you are a resident or from where you use the Services, for example in NETATMO's sole opinion, a service is no longer commercially viable.
• You understand and agree that some of your UGC, such as that displayed outside your profile, in any part of the Site, or on any social platforms, may continue to appear on the Site or on other social platforms even after your UGC is removed from the Site or your account is terminated.
• Sections 2 (Use of the Services), 7 (Disclaimer of Content and Warranties), 8 (Limitation of Liability), 9 (Indemnification of NETATMO), 10 (Termination of Terms of Use), and 13 (Miscellaneous) shall survive the termination of this Terms of Use.

USER MUST COMPLY WITH APPLICABLE LAWS

• The Services are hosted in the following countries: France, Ireland, Germany, The Netherlands, The United States, Japan and for Russian users, cloud hosting servers in Russia. If you access the Content or Services from inside or outside of France, you do so at your own risk.
• France and other countries control the export of certain products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You shall be liable for compliance with the laws regarding the import, export, or re-export of the Content.

CREDITS

MISCELLANEOUS

• These Terms of Use are governed by French law. Any dispute resulting from these Terms of Use will fall within the exclusive jurisdiction of the competent French courts.
• If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
• NETATMO not applying any provisions of these Terms of Use is not construing as a waiver of that provision or any other provision in these Terms of Use.
• Except as expressly agreed by NETATMO and you, these Terms of Use constitutes the entire Terms of Use between you and NETATMO with respect to the subject matter, and supersedes all previous agreements, whether written or oral, between the you and NETATMO with respect to the subject matter.
• The section headings are provided merely for convenience and shall not be given any legal import.
• These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.
• Any information submitted or provided by you might be publicly accessible. Important and private information should be protected by you. NETATMO is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

TERMS AND CONDITIONS OF USE OF THE NETATMO FORUM

ACCEPTANCE OF THE TERMS AND CONDITIONS

FORUM ACCESS

REGISTRATION AND ACCOUNT CREATION

• a functional personal email address, which will be used to confirm the creation of your account,
• a password that complies with current security standards.

USER CONDUCT

• Be polite and take part in the Forum in a spirit of friendliness and understanding.
• Do not use the Forum to post illegal, insulting, threatening or defamatory content, or incitement to commit a crime or offence.
• Do not impersonate any person or entity, or falsely claim affiliation with any person or entity.
• Do not use the Forum for spamming, advertising a product or service, or any other illegal activity.
• Do not engage in any activity that might interfere with the smooth running of the Forum.
• The following will be immediately removed:
  • Attacks or insinuations based on beliefs or lack of beliefs, ethnicity, gender or sexual orientation, or political opinions,
  • Insults, harassment, serious unproven or manifestly inaccurate statements about individuals or organisations,
  • Any obscene, pornographic or immoral message,
  • Any statement that is offensive to the participants in this Forum,
  • Inappropriate personal or professional contact details or hyperlinks (spam, business pages, etc.)

• carry out any activities that impose an unreasonable load on the infrastructure of the platform hosting the forum,
• use any device, software or program to interfere or attempt to interfere with the proper functioning of the Forum or any activity conducted on the Forum,
• delete or modify information posted on the Forum by NETATMO or by any person or entity,

CONDUCT OF THE NETATMO TEAM

OWNERSHIP OF CONTENT

CONTENT MODERATION

WAIVER OF WARRANTIES

LIMITATION OF LIABILITY

COMPENSATION

CHANGES TO THE TERMS AND CONDITIONS OF USE

APPLICABLE LAW AND JURISDICTION

PERSONAL DATA