CASAMBI APPLICATION – END-USER LICENCE AGREEMENT
1. Scope of the Agreement
This End User License Agreement (the “Agreement”) contains terms and conditions between Casambi Technologies Oy, incorporated and existing under the laws of Finland with its registered office at Bertel Jungin Aukio 1 E, 02600 Espoo, Finland (business ID 2418753-5, “Casambi” or “we”) and the end-user (“User” or “you”) regarding your access and use of the Casambi Application (as defined below), provided by Casambi and available for iOS and Android mobile operating systems in the App Store and Google play.
By accepting this Agreement as part of the sign-up procedure to the Casambi Application or installing or using all or any portion of the Casambi Application, you are accepting all of the terms and conditions of this Agreement as published on Casambi’s website and Casambi Application, and accept to be bound this Agreement.
This Agreement applies to any use of the Casambi Application. If you do not agree to all of the terms and conditions herein, you may not access, use and/or install the Casambi Application.
User acknowledges that this Agreement is concluded between Casambi and the User only, and not with Apple Inc., or its affiliates (together as “Apple”), and Casambi, not Apple, is solely responsible for the iOS Casambi Application and the content thereof as set out in this Agreement. User agrees that Apple is a third-party beneficiary of the Agreement and that, upon the User’s acceptance of the Agreement, Apple shall have the right (and shall be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.
Further, User acknowledges that Google Ireland Limited or its affiliates (together as “Google”) shall not be responsible for the execution of, nor have any liability whatsoever under this Agreement.
“Casambi Application” means any proprietary mobile application provided by Casambi in connection with this Agreement available for download and installation from the web or application stores, such as App Store and Google Play, for the purpose of managing and controlling Casambi-enabled luminaires.
“Casambi Technology” means Casambi Application, Services and other components and technical environment that form the full proprietary technical solution of Casambi, including but not limited to the application services, cloud-based services, Casambi’s IoT-solutions and any parts and components thereof.
“Services” mean the services provided by Casambi to the User on the Casambi Application, including but not limited to a control functionality enabling the User to maintain and control Casambi-enabled luminaires. Unless otherwise noted, the Casambi Application and Services are referred to collectively herein as “Casambi Application”.
“User Content” means any material, information, data or content generated by the User and used by or imported into the Casambi Application.
3. License Terms and Use of Casambi Application
Installation and use of the Casambi Application does not require registration or creation of a user account. However, maintaining and controlling Casambi-enabled luminaires via the Casambi Application as well as some other Services may require registration and creation of a user account. Your user account is of personal nature and you may not allow third-parties to access and use your user account. Please note that you are solely responsible for all use of the Services provided on the Casambi Application under your user account.
Casambi shall not under any circumstances be liable for any unlawful or unauthorized use of your user account. Casambi Application should not be downloaded and a User account should not be created by Users who are under 16 years old.
Casambi reserves the right to terminate your user account to the Services at any time, including but not limited to where we deem that you have breached this Agreement, added misleading, inaccurate, inappropriate, unauthorized or illegal content to the Service or caused harm to us or the other Users of the Services.
Subject to compliance with the terms of this Agreement, Casambi grants the User a limited, non-exclusive, non-transferable, revocable and non-sublicensable license to use the Casambi Application in the form offered to the User by Casambi from time to time for personal, non-commercial purposes as set out herein.
Notwithstanding the above, User further acknowledges that the license granted to the User for iOS Casambi Application downloaded from Apple’s App Store is further limited to a non-transferable license to use the iOS Casambi Application on any products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and this Agreement.
The User shall be solely responsible for obtaining the equipment, connections and software necessary to use the Casambi Application as well as for any costs thereto.
The User acknowledges that, due to the fact that the Casambi Applications are free to download and use, Casambi does not provide any maintenance or support for Casambi Applications during the terms of this Agreement. If any maintenance or support would be required under the applicable law, Casambi, not Apple nor Google, shall be obligated to provide any such maintenance or support for iOS Casambi Application and/or Android Casambi Application.
Casambi is continuously developing the Casambi Application and we may change or remove different parts of the Casambi Application, including its functionalities and features, in part or in whole. We may make modifications or changes to the Casambi Application at any time at our sole discretion and without notifying you thereof, provided that such changes do not materially reduce the features of the Casambi Application. If we introduce changes that materially reduce the features of the Casambi Application, we will notify you thereof in advance. You are entitled to terminate the use of the Casambi Application at any time.
4. Restrictions of Use
You may only use the Casambi Application strictly in accordance with the terms of this Agreement and only for the purposes set out herein. You must also comply with applicable third-party terms and conditions when using the Casambi Application, if any.
Unless otherwise permitted in this Agreement, you may not (or allow any third-party to):
- circumvent or attempt to circumvent any usage control or anti-copy features of the Casambi Technology;
- probe, scan or test the vulnerability of the Casambi Technology;
- use the Casambi Application or the content available through the Casambi Technology in any manner that could damage, disable, overburden or impair the Casambi Technology;
- use any data mining, robots, scraping, or similar data gathering or extraction methods;
- use bots or other automated methods to use Casambi Technology;
- use, copy, sell, rent, transfer, license or otherwise provide anybody with the Casambi Technology and/or the content provided by anyone else than you available through the Casambi Technology, except as provided herein;
- interfere with other Users’ use and enjoyment of Casambi Technology;
- reverse engineer, decompile disassemble, decipher or otherwise attempt to derive the source code of the Casambi Technology or any related technology, or any part thereof;
- use the Casambi Technology for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
- access the Services except through the interfaces expressly provided by Casambi Application;
- use the Casambi Technology in violation of applicable laws;
- use the Casambi Technology in ways that violate intellectual property rights, trade secrets or privacy of third parties, such as by posting a third party’s private information, including his/her personal data, in the Casambi Application;
- use the Casambi Technology for unauthorized, inappropriate or unethical purposes or activities;
14. use the Casambi Technology to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
5. User Content and Data
User may generate User Content in connection with the use of Casambi Application from time to time. User shall be solely responsible for the User Content that he/she submits to the Casambi Application, including but not limited to having obtained all necessary rights to add such content to the Casambi Application to be used in accordance with this Agreement. User shall ensure that User Content submitted by the User does not infringe any third-party intellectual property rights or violate any applicable laws or regulations. Do not add any illegal, offensive, threatening, libelous, defamatory, or otherwise inappropriate User Content to the Casambi Application.
Casambi does not screen or monitor any User Content nor shall Casambi be responsible for retaining any User Content that has been uploaded by the Users to the Casambi Application.
User hereby grants Casambi an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable and sub-licensable right to use and store the User Content submitted by you in any form and for the purpose of providing the Services and any other services of Casambi, without any compensation or further notice to you.
Where not expressly prohibited by law, you hereby waive any moral rights in the User Content submitted by you with respect to Casambi’s use of such User Content in connection with the Casambi Application under applicable law. This grant of license to Casambi and the foregoing waiver of any applicable moral rights survives any termination of this Agreement. We have the right to remove any User Content at any time.
User acknowledges and agrees that the collection and generation of anonymous and statistical data in relation to the use of the Casambi Application, the Services and any other goods and/or services which are a part of the Casambi Technology, is of the essence for Casambi in order for us to develop the Casambi Application and the Casambi Technology and for the purposes of our business operations. Casambi has the right to collect and generate such anonymous data and statistics from data concerning your registration and use of the Casambi Application, the Services and any other goods and/or services which are a part of the Casambi Technology. The intellectual property rights and title to such collected and/or generated data shall belong exclusively to Casambi.
6. Third Party Services and Content
The Casambi Application may include links to services provided by third parties and certain functionalities and content on the Casambi Application may be provided by third parties.
This Agreement covers exclusively the Casambi Application and the use thereof and any and all linked third-party services, functionalities and content are provided by the relevant third parties and covered by their terms of service or other agreements or licenses.
Without prejudice to any obligation to indemnify for intellectual property right infringements under applicable law in accordance with Section 7 below, Casambi does not assume any liability in regard to use of such third-party services and content, whether or not they are referenced by or available on the Casambi Application.
7. Intellectual Property Rights
Any and all intellectual property rights, including, but not limited to, all copyrights, trademarks, design rights, patents, database protection right, trade secrets, trade names, proprietary rights, titles, computer codes, audiovisual effects, artwork, sound effects, musical works, whether registered or not and all applications, modifications and derivative works thereof in or related to the Casambi Technology and the data generated by the Casambi Application or Casambi Technology, or the Users’ use of the Casambi Application or Casambi Technology and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Casambi and/or its licensors.
Except as expressly stated herein, this Agreement does not grant the User any intellectual property rights in the Casambi Technology and all rights not expressly granted hereunder are reserved by Casambi and/or its licensors, as the case may be.
User may choose to, but is not required to, provide suggestions, feedback and other information to Casambi regarding possible improvements in the operation, functionality or use of the Casambi Technology (“Feedback”). Any Feedback provided by the User will be deemed non-confidential information, and User shall grant Casambi a non-exclusive, non-transferable, worldwide, perpetual, irrevocable and royalty-free license to use, disclose, copy, publish, license, modify, sublicense or otherwise distribute and exploit any Feedback provided.
To the extent we are required to provide intellectual property rights indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the iOS Casambi Application or your use of it infringes any third party intellectual property right.
8. Warranty and Claims
Except as specifically provided under this Agreement, the Casambi Application is provided “as is” and with the features and functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
To the extent any warranty exists under law that cannot be disclaimed, we, not Apple or Google, shall be solely responsible for such warranty.
We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Casambi Application or the User’s possession and/or use of the iOS Casambi Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Casambi Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement does not limit our liability to the User beyond what is permitted by applicable law.
The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
9. Limitation of Liability
We strive to keep the Casambi Application up and running but please note that the Casambi Application may at any time be temporarily interrupted or permanently discontinued and may contain errors and inaccuracies.
We are not responsible for damages caused by such interruptions, suspensions, errors or inaccuracies or from any use of the Casambi Application by you.
This section does not limit Casambi’s statutory liability for defects or delays in the Casambi Application to our consumer Users or your statutory remedies under any applicable mandatory consumer protection laws.
10. Term and Termination
This Agreement shall be in force and binding as long as the User is using the Casambi Application. You can stop using the Casambi Application at any time for convenience, whereupon this Agreement shall terminate immediately.
All provisions of this Agreement that are intended to survive the termination or expiry of this Agreement shall do so.
We have the right to amend this Agreement by publishing the amended Agreement on our website and/or the Casambi Application and by informing the Users on the website and/or on the Casambi Application that this Agreement has been amended.
The amended Agreement shall become effective within thirty (30) days after it has been published.
By continuing to use the Casambi Application after the amendments have been published, you accept the new terms of this Agreement.
You cannot transfer or assign this Agreement. We may, however, transfer and assign this Agreement and our rights hereunder (including intellectual property rights and licenses) to our affiliates or as part of a sale or transfer of our business or other corporate acquisition.
12. Applicable law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Finland, without regard to its choice of law provisions.
Any dispute arising out of or in connection to this Agreement shall be subject to amicable negotiations between the User and Casambi. If no amicable settlement is reached, the dispute shall be settled by the District Court of Espoo as the first instance. As a consumer residing in the European Union you may also refer a dispute to online dispute resolution provided by the European Commission (please see http://ec.europa.eu/odr). Finnish consumers may initiate proceedings in the court of their domicile or refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi). Prior to referring a dispute to the Finnish Consumer Disputes Board, Finnish consumers must contact the Consumer Advisory Services provided by the Finnish Competition and Consumer Authority (please see www.kkv.fi/kuluttajaneuvonta/).