General Conditions of Use (GCU) of the “AirHome” Application

10/05/2021 version

These general conditions of use (the “Conditions“) govern the use of the “AirHome” application (the “Application“) published by the company AIRWELL RESIDENTIAL, a simplified joint stock company with a capital of 2,500,000 euros, identified under the number 752 800 862 RCS Versailles, whose registered office is at 10 rue du Fort de Saint-Cyr 78180 Montigny-le-Bretonneux, represented by its Chairman (“AIRWELL“) by a natural person, final consumer, aged at under 18.

Article 1 · Description of the Application

“AirHome” is a smartphone application (iOS and Android) which offers its users the possibility of controlling their AIRWELL heating and air conditioning devices, as well as the devices of certain partners, while benefiting from additional functionalities.

“AirHome” thus offers the same functionalities as the infrared remote control of each device, allowing centralized and more intelligent management of the devices. The settings of each device are saved within the Application. In addition, the Application makes it possible to visualize its consumption and / or its energy production in real time and over a given period.

Article 2 · Acceptance of the Conditions

Use of the Application is subject to full acceptance of these Conditions, which govern the relationship between AIRWELL, publisher of the Application, and its customers (“You” or the “Users“).

All Users must therefore carefully read these Conditions before using the Application.

Acceptance of these Conditions is formalized the first time the Application is used. By accepting the Conditions, You agree to be contractually bound to AIRWELL. In the event of a subsequent refusal of all or part of the Conditions, please stop using the Application.

All Users must therefore be aware of these Conditions, which are fully enforceable against them by virtue of the use of the Application.

Article 3 · Modification of the Conditions

AIRWELL may be required to modify the Conditions at any time and at its sole discretion. In this case, AIRWELL will inform Users beforehand using any means of communication at its disposal, in particular by e-mail to the address communicated by the User when creating their AIRWELL account (see article 4 – “Creation of an AIRWELL account“).

The new version of the Conditions will come into force on the date which appears at the beginning of these presents (in the form “Version of…”).

The continued use of the Application after the publication of the amended Conditions implies full acceptance of the new Conditions. If You do not agree to the amended Terms, then You are no longer authorized to use the Application.

Article 4 · Creation of an AIRWELL account

When you first use the Application, you will be asked to create a personal account allowing you to use the Application under the terms of these Conditions.

The creation of the AIRWELL account requires the provision of connection information: your name, your first name, an email address and a telephone number. You will also be asked to choose a username and password that will allow you to connect or reconnect to the Application. This username and password must be kept strictly confidential.

The creation of the AIRWELL account by any User implies the processing of certain data concerning you, including personal data within the meaning of the European General Regulation on the protection of personal data n ° 2016/679 of April 27, 2016 (“RGPD“) and the “Data Protection Act” of January 6, 1978, in its current version.

The collection and processing of personal data concerning you is carried out in accordance with AIRWELL’s privacy policy, which must also be accepted when using the Application for the first time.

AIRWELL reserves the right to suspend or delete the AIRWELL account of a User in the event of non-compliance with all or part of the Conditions after sending an unresolved letter of formal notice within a period of 5 (five) open days.

Article 5 · Use of the Application

The Application offers the same basic functionalities as the infrared remote control of each AIRWELL device, while allowing centralized and unified management of all its devices, as well as providing additional functionalities.

When you use the Application for the first time, you can add a compatible device model from a list of categories (ventilation, heat pump, connected object, domestic hot water, solar panel, etc.), then within of each category. Each device can be added to the App by pairing it.

Each device can be linked to a room in your home. New devices can be added over time. You will then also be offered to select the type of device and link it to a room in your home.

The use of the Application thus makes it possible to view and manage all its compatible devices within the same home, room by room or type of device by type of device.

Use of the Application is strictly reserved for individuals for domestic, non-professional use. The User is expressly forbidden to give access to the Application to any third party outside his home (for example the installer). In any case, the User is personally responsible for the use made of the Application through his identifiers.

If necessary, AIRWELL may add new functionalities to the Application during the term of the Conditions. Some of these features may be offered in preview (beta), without any guarantee of proper functioning. The use of the beta functionalities of the Application is carried out at the risk and peril of the User.

The User undertakes to install the updates of the Application when they are available. The correct functioning of the Application cannot be guaranteed without the installation of updates.

Article 6 · Consumption data

In accordance with AIRWELL’s confidentiality charter, data relating to the use of devices managed through the Application may be analyzed by AIRWELL. This analysis of consumption and / or energy production habits is carried out on a strictly anonymous basis, in order to generate non-nominative statistics relating to the use of AIRWELL and compatible devices.

Article 7 · Obligations of AIRWELL

The Application is made available to Users free of charge and is provided “as is”, without any guarantee of proper functioning. Subject to mandatory legal provisions to the contrary, AIRWELL sees no obligation to maintain or update the Application.

AIRWELL agrees to cooperate with the User and to assist him in good faith in order to provide him with any information he may reasonably need for the purposes of using the Application.

Article 8 · Obligations of the User

The User undertakes to use the Application in accordance with these Conditions, as well as with applicable laws and regulations. The User is solely responsible for his use of the Application.

The User undertakes to use the Application in a reasonable and reasoned manner. In any case, the User undertakes to use the Application in such a way as to preserve the security of the equipment it allows to control and of the surrounding goods.

The User refrains from undermining the security of the Application.

Any behavior by the User contrary to the rules set out in this article will lead to the suspension of the User’s AIRWELL account, or even, in the absence of a remedy, to the automatic termination of these Conditions, without the right to compensation or the right to reimbursement. sums already paid.

Article 9 · Duration of the Conditions and termination

The Conditions are concluded for an indefinite period.

In the event of fault and in particular violation of any of the obligations under these Conditions, AIRWELL may immediately terminate your access to the Application and your use of the latter, at its sole discretion, at any time. and without notice.

Article 10 · Intellectual property rights

AIRWELL and its licensors are the exclusive owners of all intellectual property rights relating to the Application.

Subject to compliance with these Conditions, use of the Application is only authorized by virtue of a license under which You only have a simple right of use, personal and temporary, to the exclusion any property rights relating to both the interface and the contents of the Application (including its functionalities), for the duration of the Conditions.

AIRWELL reserves all rights relating to the Application which are not expressly granted to you under these Conditions.

You acknowledge that all the elements composing the Application are protected by copyright, trademark law, database law and all other applicable intellectual property rights. The use of the Application does not confer on you any intellectual property rights on any element whatsoever of the said Application, whether it concerns the software and technical tools made available to you by AIRWELL or even protected elements (texts, images, trademarks, designs and models, databases, etc.) which remain the property of their respective owners.

You agree not to reproduce, represent, distribute, market, modify, grant all or part of any of the elements of the Application, in any way whatsoever, without the express, prior and written consent of AIRWELL. Any other use may give rise to prosecution.

Subject to mandatory legal provisions to the contrary, nothing in these Conditions authorizes you to: (i) copy, modify or create derivative works from the Application; (ii) distribute, transfer, assign, grant, lend or give access, in any way, to the Service to a third party; or (iii) decompile or disassemble the Application.

Any use of the Application that does not comply with these Conditions will automatically result in the immediate termination of this license to use the Application and will imply the definitive prohibition to use the Application for any reason whatsoever.

Article 11 · Responsibility of the User

The User is solely responsible for his use of the Application vis-à-vis third parties. The User is also responsible for the security of the Application, the security of the goods of which he owns or of which he has the care, as well as the security of the data contained on his smartphone before the installation of the Application.

In general, the User is responsible for his use of AIRWELL and compatible devices managed through the Application. Use of the Application does not transfer custody of managed devices to AIRWELL.

AIRWELL remains liable for any lack of conformity of AIRWELL devices in accordance with the applicable general conditions of sale.

Article 12 · Exclusion of liability and warranty of AIRWELL

This clause relating to AIRWELL’s liability and guarantee relates exclusively to the Application and is stipulated without prejudice to the contractual clauses applicable to each of the devices managed through the Application.

Subject to any legal guarantees that may apply, in particular with regard to product safety, and except for willful misconduct or gross negligence, AIRWELL provides the Application as is, without any guarantee of any kind whatsoever and AIRWELL cannot be held liable. responsible for improper use of the Application by the User nor, in general, for any fault committed by third parties beyond his control.

IT RESULTS FROM THE FOREGOING THAT, SUBJECT TO IMPERATIVE LEGAL GUARANTEES, THE APPLICATION IS PROVIDED WITHOUT GUARANTEES OF RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PEACEFUL ENJOYMENT OR FORESTRY. AIRWELL DOES NOT WARRANT THAT THE APPLICATION OR ITS CONTENT OR THE SERVICES AND FEATURES OFFERED THROUGH THE APPLICATION WILL BE FREE OF ERRORS OR UNINTERRUPTED ACCESSIBLE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE APPLICATION WILL PRODUCE SPECIFIC RESULTS.

AIRWELL IS NOT RESPONSIBLE FOR ANY INDIRECT OR INCIDENTAL DAMAGES, AND IN PARTICULAR PROPERTY DAMAGE OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS, LOSS OF DATA, INTERRUPTIONS OF SERVICE, COMPUTER DAMAGE OR FAILURES OF DEVICES OR SYSTEMS RESULTING FROM OR RELATING TO THESE TERMS OR USE OR INABILITY TO USE THE APPLICATION, WHETHER UNDER ANY WARRANTY, CONTRACT, FRAUDULENT ACTION (INCLUDING NEGLIGENCE), RESPONSIBILITY OF THE MADE OF A PRODUCT OR ANY OTHER LEGAL BASIS.

IN NO EVENT WILL AIRWELL’S TOTAL LIABILITY RESULTING FROM OR RELATING TO THESE TERMS OR FROM THE USE OR INABILITY TO USE THE APPLICATION EXCEED FIFTY EUROS (€ 50).

This disclaimer of liability does not apply in the event of death or personal injury caused by the negligence of AIRWELL.

Article 13 · Major force

In the event of the occurrence of a case of force majeure understood in accordance with article 1218 of the Civil Code, the performance of the obligations incumbent on the party victim of this event will be suspended for its duration, from the date of receipt of the notification by registered letter with acknowledgment of receipt.

The party invoking the case of force majeure, must, as soon as possible, inform the other party by registered letter with acknowledgment of receipt, detailing exhaustively the case of force majeure invoked as well as assessing the duration of this one.

If a case of force majeure, notified to the other party under the conditions defined in this Article, continues for a period of more than thirty (30) days, each party may then automatically terminate the contract between them by sending the other party, at any time, a written notification to this effect. It is expressly agreed that this termination does not entitle the User to any compensation.

Article 14 · Applicable law

Subject to imperative legal provisions to the contrary, in matters of consumer law, these Conditions and all questions that may arise from them are governed by French law, without regard to the provisions on conflict of laws.

Article 15 · Dispute resolution

In the event of a dispute relating to the Application that is not resolved amicably, the User may refer to the dispute resolution platform put online by the European Commission at the following URL address: http://ec.europa.eu/ consumers/odr.

Article 16 · Miscellaneous provisions

Any waiver by one or other of the Parties to invoke a default or a breach of the obligations arising from this Contract shall not constitute a waiver of the benefit of another default or another breach, at any time.

Any notification, including notifications of change of address, in the context of these conditions must be made in writing and sent to the addresses indicated in the order form or delivered by hand. Notifications will be deemed to have been received (a) on the date of their personal delivery, or (b) three (3) days following the date of sending by registered letter with acknowledgment of receipt. Notifications may be confirmed by e-mail.

In the event that one of the stipulations of these Conditions is declared null or deemed unwritten, the other stipulations of the Contract will retain their full effect.

No stipulation in these Conditions may be interpreted in such a way as to create an association, a joint venture, or a mandate between the Parties. Neither Party may bind the other Party or enter into obligations on its behalf without the prior written consent of the Party concerned.

These Conditions are concluded intuitu personae, for the sole benefit of its signatories and to the exclusion of all third parties. Only the Parties to these Conditions can ensure their execution.

Article 17 · Legal notices

The Application is published by the company AIRWELL RESIDENTIAL, a simplified joint-stock company with a capital of 2,500,000 euros, identified under the number 752 800 862 RCS Versailles, whose head office is at 10 rue du Fort de Saint-Cyr 78180 Montigny-le-Bretonneux, represented by its President.

Intra-community VAT FR01752800862
Phone +33 (0)1 76 21 82 00
E-mail [email protected]