Special Terms of Use Hager Power touch

THE SERVICE IS OFFERED BY HAGER HAGER ELECTRO SAS . IT IS THE OBJECT OF THESE TERMS AND CONDITIONS OF SERVICE.

THESE TERMS AND CONDITIONS GIVE YOU SPECIFIC LEGAL RIGHTS. IN ADDITION, YOU MAY ALSO ENJOY THE PROTECTION AFFORDED TO YOU BY MANDATORY PROVISIONS OF THE LAW OF YOUR COUNTRY OF RESIDENCE. THE PRESENT DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL NOT APPLY IF AND TO THE EXTENT THAT THOSE MANDATORY PROVISIONS ARE APPLICABLE AND PROHIBIT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

Definitions:

Hager Group is Hager SE, Zum Gunterstal, 66440 Blieskastel, Germany, and any entity that directly or indirectly is controlled by Hager SE where the term “control” means holding the ownership of fifty percent (50%) or more of the voting stocks or interests or the power to elect the board of directors.

Hager is Hager Electro SAS.

Device is the Air Circuit Braker to be connected to your mobile device and for which the Service is provided .

Service is the service made available by Hager Power touch.

Software products or Hager Power touch are the computer programmes on which the service is based.

Terms and conditions of service are the terms and conditions of service specified in Sections A and B.

YOU MUST ACCEPT THE FOLLOWING TERMS AND CONDITIONS ON THE PROVISION OF THE SERVICE AND END-USER LICENCE AGREEMENT FOR SOFTWARE PRODUCTS IN ORDER TO BE ABLE TO USE THE SERVICE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN WHOLE OR IN PART, YOU WILL NOT BE GRANTED ACCESS TO THE SERVICE.

THE AGREEMENTS (TERMS AND CONDITIONS ON THE PROVISION OF THE SERVICE AND END-USER LICENCE AGREEMENT FOR SOFTWARE PRODUCTS) CONCLUDED BETWEEN YOU AND HAGER GOVERN YOUR USE OF THE SERVICES AND THE ESSENTIAL SOFTWARE PRODUCTS. IF YOU CLICK ON ‘I ACCEPT’, YOU AGREE THAT THESE TERMS AND CONDITIONS ARE APPLICABLE WHEN YOU ACCESS OR USE THE SERVICE.

THE SERVICE IS AIMED AT PROFESSIONAL CLIENTS USING Hager Power touch FOR PROFESSIONAL PURPOSES ONLY.

A. PROVISION OF THE SERVICE

I. USE OF THE SERVICES

1. Third-party supplier fees. The use of the Service requires the transmission of a certain volume of data via the respective Internet connections. It is necessary to ensure an appropriate volume of data is available for the Internet connection. For further information on the applicable fees, data volume available, usage restrictions and other provisions on performance please contact the respective Internet or mobile service provider. We accept no liability for any fees accrued from third-party suppliers.

2. Unauthorized use. The Service shall exclusively be used conforming to the operating and installation instructions. In particular it is prohibited to use the Service for purposes other than those intended, in particular in a threatening, detrimental, abusive, defamatory, offensive, slanderous, denigrating, false, improper or otherwise illegal or inappropriate way or to access, gather, store or use the personal data of third parties without their consent.

Also prohibited is any use of the service which unreasonably or disproportionately encumbers the infrastructure of Hager or its business partners or which alters, damages or deletes content provided by Hager.

The Service is not intended for use in high security sectors, such as nuclear power engineering, in life-sustaining systems, in emergency communication systems, in aircraft navigation or communication and, generally, in such systems and environments, including corridors and emergency exits, which may result in death, injury, or serious personal or environmental damage in the event of a malfunction of the service.

5. UPDATES. The Software products are to be maintained by Hager and modified or updated in the course of time as required. We perform these updates in the form of error corrections, patches, extended functions and new versions via the commercial App platform. Depending on the type of update, your consent may be required, e.g. for legal or technical reasons, in order to be able to continue using the Services without restrictions. Hager accepts no liability for any errors of the service attributable to your failing to download or to download completely and/or to install updates already available to you.

To the extent permitted by law, you have no claim for software updates.

4. Intellectual property. Hager and its affiliates are owners of the copyrights, brands and other intellectual property rights to all the content displayed with and by the Service. You may not, without our prior written consent, reproduce, alter or use such materials or content to the benefit of third parties, or compile, advertise, create, realize, publish, disseminate, distribute, communicate or broadcast works derived therefrom or put such into circulation (including the display or dissemination of such materials on third-party websites); excluded therefrom is the use of the Service for the purposes intended in accordance with these terms and conditions of service.

II. RESTRICTIONS ON THE SERVICES AND EXCLUSION OF LIABILITY

1. Events beyond the control of Hager. You accept that the Service is subject to limitations and restrictions over which Hager can have no influence, including the reasonable care of the Device in accordance with the respective instructions for use, the capacities of your wireless network, Internet availability, environmental influences (e.g. buildings, weather, geography and topography), atmospheric conditions and other factors which may affect the use of the Internet or of satellites and satellite data. Furthermore, the Services and network availability are dependent on third-party providers and are by nature server-based services. In view of this fact, Hager is not in a position to guarantee uninterrupted availability, accuracy, completeness or punctuality of the Service.

You acknowledge and accept the characteristics and limitations of wireless communication technologies with relative technical reliability, in particular with regard to the risks inherent in any wireless connection and transmission including but not limited to lack of protection, risk of misappropriation or piracy of the product or certain data, contamination by malware, any failure of technical performance, risk of interruption, or response time.

2. Restrictions and alterations of the services. Hager reserves the right to interrupt and suspend access to the Service temporarily and for as long as this is necessary for compelling reasons, such as in the case of essential maintenance work on the servers or infrastructure, of software updates or unauthorized attacks on data. Furthermore, Hager reserves the right to alter the Service (or parts or content thereof) and access procedures if and to the extent to which this is deemed to be acceptable to you in consideration of the interests of Hager. Whenever possible, we will advise you in advance of any alterations, suspension or interruptions. Hager assumes no liability to you or third parties if Hager alters, suspends or interrupts the Services in such a way.

3. Liability.

3.1 Subject to the provisions in 3.2, Hager’s liability, irrespective of their legal grounds, shall be restricted as follows:

(i) Hager shall only be liable up to the amount of foreseeable typical damages,

(ii) Hager is not liable for slight negligence in breach of non-essential obligations arising from its possible contractual obligations,

(iii) In any case, Hager’s liability is limited to the amount 500 EUR (five hundred euros).

3.2 The aforementioned liability limitations do not apply in cases of mandatory liability under the law, in particular in accordance with Product Liability Law, in the case of having provided a guarantee or of culpable injury to life, limb or health.

III. DATA PROTECTION

The Service is governed by the applicable PRIVACY NOTICE. The privacy policy explains how we collect, use and share the information gathered about you through your use of the App and aims to inform you about the rights and freedoms that you can exercise with regard to our use of your personal information. This Notice also describes the measures we implement to protect your data in accordance with the applicable European and national legislation.

IV. NOTICE OF TERMINATION

Notwithstanding other rights and legal claims, Hager is entitled, for good cause without giving notice of termination, to block access to the Service and, if applicable, to deactivate your account, especially if you or another user have not fulfilled an essential contractual obligation, have continuously failed to fulfil contractual obligations and such breach of the contract cannot be remedied or you do not remedy the breach of contract within the period specified for remedy thereof. On expiry at the earliest of the manufacturer’s warranty for the Device, Hager is also entitled to terminate the Service at any time due to technical obsolescence or for reasons which have an impact on the functionality of the Device. Hager is not liable to you or third parties if Hager has exercised its right to terminate the contract.

V. ASSIGNMENT OF CONTRACT

We are entitled to assign the rights and obligations arising from the agreements in accordance with Sections A and B in full discharge to one of our affiliates. If we exercise this right of assignment, you are entitled to terminate the agreements with immediate effect.

VI. CONTACTS

Hager Electro SAS, 132 Boulevard de l’Europe, Obernai (67210), France.

VII. APPLICABLE LAW AND PLACE OF JURISDICTION

These Conditions are governed by and construed in accordance with the laws of France.

The exclusive place of jurisdiction for all disputes arising from these terms and conditions of Service, including disputes regarding its effectiveness is, to extent permitted by law, Strasbourg (France – 67), and this even in the case of a plurality of defendants. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

If you are a consumer and we cannot settle the dispute amicably, you can go to court of course, but you can also consider other dispute settlement procedures such as mediation or conciliation, in particular the use of mediation by directly contracting the Centre de Médiation et d’Arbitrage de Paris (CMAP) – Service Consommation - 39 avenue Franklin D. Roosevelt - 75008 PARIS - Mail : consommation@cmap.fr and/or the use of the online dispute resolution via the European Online Dispute Resolution (ODR) platform provided by the European Commission (http://ec.europa.eu/odr).

You are entirely free to accept or to refuse to resort to mediation and, in case of mediation, each party has the choice as to whether or not to agree to the suggested solution.

You can refer to the Ombudsman of CMAP by using the form at your disposal available on the website of CMAP (www.mediateur-conso.cmap.fr) via E-Mail (consommation@cmap.fr) or regular mail.

B. END-USER LICENCE AGREEMENT FOR SOFTWARE PRODUCTS

The Software products, which are in part available via the commercial App platforms iTunes and Google Play, will be licensed to you. Your licence for these Software products requires your prior consent to this end-user licence agreement in accordance with Section B. Your licence for the use of the Software products under these terms and conditions will be granted to you by Hager and or any other group company of Hager SE, Zum Gunterstal, 66440 Blieskastel, GERMANY, HRB 16434 Amtsgericht Saarbrücken, represented by us. The publisher and Hager reserve all rights in and to the software products, which have not been expressly granted to you under the terms and conditions of Section B.

The licence for the Software products issued to you for the use of the Services is limited to the granting of non-transferable rights to the use in accordance with these terms and conditions of service. This licence does not allow you to distribute the Software products or to make them available via a network. You may not rent out, loan, sell, assign, redistribute or sublicense the software products. You may not copy (unless this is expressly permitted by this licence and the terms of use), decompile, reverse engineer, or disassemble the Software products, updates of the Software products or parts thereof, or attempt to obtain the source code of the Software products, or process the Software products or create works derived from the Software products (unless and insofar one of the limitations specified is inadmissible under current law or the terms of the licence governing the use of an open-source as part of the licensed application allow this). Any attempt to do this is immediately deemed to be in breach of our rights as licensor.

The terms of this license are also applicable to all updates, which are provided by us or the publisher, and which replace or supplement the original software products, unless such updates are subject to a separate licence. In this case the update is governed by the terms of the separate licence.

February 2022